Former Cabinet Secretary Raphael Tuju has expressed frustration over what he perceives as an unjust delay in his legal battle with the East African Development Bank (EADB), following the recusal of five Supreme Court judges from his case. The dispute, revolving around a contested 27-acre piece of land in Karen, will now remain in limbo until at least 2036 when the youngest of the judges retires, preventing the formation of a quorum for the hearing.
Speaking during an interview on Spice FM, Tuju questioned the rationale behind the judges’ decision to recuse themselves. “Why did they recuse themselves? What precipitated their recusal?” he asked, emphasizing his constitutional right to be heard in court.
Tuju alleges that the conflict with the judges was fueled by EADB’s submission of what he describes as false evidence against him. The bank accused Tuju of having stolen confidential documents from its Kampala offices, a claim that led to his summons by the Directorate of Criminal Investigations (DCI). He, however, refuted these allegations, insisting that the documents in question were provided to him during loan negotiations with EADB.
According to Tuju, he was required to pay 10% of the project cost, amounting to Ksh.90 million. To ensure that the bank would honor its obligation to disburse the remaining loan, he requested assurances. “I said that I needed assurance that you are going to disburse the rest of the loan when I pay the 10%. They said don’t worry and here is the board minutes,” he stated.
Tuju further escalated his protest by writing a letter to Chief Justice Martha Koome, in which he raised serious concerns regarding the conduct of the five Supreme Court judges. He accused them of failing in their duty to uphold the rule of law, guarantee fair trial proceedings, and protect the Constitution.
With the case now stalled indefinitely, Tuju’s quest for justice remains uncertain. His grievances highlight broader concerns regarding judicial processes and access to timely justice in Kenya’s highest court.
