Former Cabinet Secretary Raphael Tuju has received temporary relief after the High Court of Kenya allowed him and Dari Limited to file an appeal against a ruling permitting the auction of his properties in Karen amid a multi-billion shilling debt dispute.
The matter was heard by Justice Josephine Wayua Mongare, who certified the application as urgent.
She scheduled the case for mention on March 17, 2026, ensuring that the appeal process can proceed without immediate enforcement of the auction.
“It is hereby ordered that in the interim the Applicants are granted leave to Appeal the Ruling of 9/3/2026,” Justice Mongare ruled.
Tuju’s legal team, led by advocate Grado Victor Mabachi, argued that without temporary relief, auctioneers could proceed to sell the properties before the appeal is heard, causing irreversible financial and legal consequences.
“The urgent application was necessary to prevent the auction of Mr. Tuju’s Karen properties before the appeal process is concluded,” Mabachi told the court.
The ruling comes after a lower court had previously allowed the auction of the properties as part of the enforcement of a multi-billion shilling debt, a decision that Tuju and Dari Limited now seek to challenge.
By certifying the application as urgent, the High Court has ensured that the appeal will be given priority in the judicial process, giving the applicants a window to present their arguments before any enforcement actions take place.
Justice Mongare’s order emphasizes the court’s role in balancing the enforcement of financial obligations with the protection of property rights, particularly in cases where appeals are pending.
The next hearing, set for March 17, will determine the procedural directions for filing the full appeal, including timelines for submissions and any additional interim relief.
Tuju suffered a setback on Tuesday, after the High Court struck out his bid to stop the auctioning of his multi-billion-shilling property to recover a Sh2.2 billion bank loan.
Tuju had, in 2024, moved to court seeking injunction orders to stop Garam Investment Auctioneers from selling his prime properties in Karen and along Ngong Road in Nairobi.
Previous judgments, including one from a London court, had ruled against Tuju.
However, the former Rarieda lawmaker sought to reopen the case, arguing that there was new evidence in the Sh2.2 billion debt dispute involving the East African Development Bank.
Judges of the Supreme Court of Kenya had in 2023 dismissed Tuju’s appeal. Justices Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu and William Ouko said they were not satisfied with Tuju’s request for the production of additional evidence.
“As a matter of course, the petitioners have not explained the relevance of this further witness statement in relation to their appeal,” they said.
