EADB: Tuju has not paid Ksh.1.9bn debt despite court rulings

In a statement on Tuesday, EADB intimated that Tuju has not honoured any court ruling demanding that he pay a Ksh.1.9 debt to the bank.

Tuju, under Dari Limited, borrowed USD 9,197,084 (Ksh.1.2 billion) in 2015. As security for the loan, Dari Limited pledged various properties in Nairobi which were subsequently charged to the Bank. 

The loan was drawn on July 29, 2015, but was defaulted in the second quarter of 2016, prompting the EADB to issue demand notices to Dari Limited in November 2017 which were ignored.

Following the default, EADB filed proceedings in the High Court of Justice in England, United Kingdom, which ruled in 2019 that a sum of USD 15,162,320 (Ksh.1.9 billion) be paid, being the principal sum, interests, and penalties which continued to accrue in line with the facility agreement. 

EADB clarified that both parties had legal representation in the England court.

The High Court in Nairobi later recognized and confirmed the U.K court judgment on February 13, 2020, and later by the Court of Appeal in Nairobi on 20 April 2023.

"At no point, over the course of this seven-year-long dispute, has the EADB received any credible or verifiable repayment offer from the debtors as have been alleged," EADB stated.

Consequently, under the terms of the charge, EADB successfully auctioned the Ngong Road property that had been pledged by Dari Limited as security on October 1, 2024.

After the auction, however, Dari Limited sued EADB and service providers, challenging the valuation of the property among other things. 

Dari was granted an interim injunction order, which could only relate to pledged property that had not yet been sold. The High Court, on March 9, 2026, struck out Tuju’s amended plaint and lifted interim court orders that had previously stopped the defendants from dealing with the contested properties.

The properties include Entim Sidai Wellness Sanctuary of LR No.11320/3, Off Tree Lane, Karen, and Tamarind Karen and Dari Business Park, off Ngong, Karen of LR No. 1055/165.

The ex-CS has argued that the amount owed to EADB is far below the value of Dari Business Park, which has since been auctioned. He argues he has always been willing to pay the debt, but questions the process that led to the takeover, claiming it has been politicised.

Tuju, has since written to Chief Justice Martha Koome, complaining about the conduct of some judicial officers and their integrity, while questioning the process to grant auctioneers leeway to auction his property in Karen to proceed.