Raphael Tuju risks losing prime Karen properties as court declines to stop auction

In directions issued at the Milimani Law Courts, Justice Josephine Wambui Mong’are declined to grant interim orders sought by Tuju and his company, Dari Limited, that would have temporarily halted the implementation of a decision delivered on March 9, 2026.

The March 9 ruling struck out Tuju’s amended plaint and lifted interim court orders that had previously stopped the defendants from dealing with the contested properties.

As a result, the respondents, Garam Investment Auctioneers and Knight Frank Kenya, are no longer barred by court orders from proceeding with actions related to the properties while the case continues.

The dispute revolves around several high-value assets, including L.R. No. 1055/165, which hosts Tamarind at Dari Business Park along Ngong Road, and L.R. No. 11320/3, home to Entim Sidai Wellness Sanctuary in Nairobi.

After the amended suit was struck out, Tuju returned to court through an application dated March 11 seeking urgent relief to stop the execution of the ruling and to obtain permission to appeal.

In the application, Tuju argued that the respondents were now free to auction, transfer or otherwise dispose of the properties in what he termed an irregular and unlawful process.

He warned that unless the court intervened urgently, the planned appeal would be rendered useless if the properties were sold before the appeal was heard and determined.

However, Justice Mong’are only certified the application as urgent but declined to grant temporary orders stopping the implementation of the ruling.

Instead, the judge directed Tuju to serve the application on the respondents and ordered that the matter be mentioned before the presiding judge of the division on March 17 for further directions.

“Since this court is on transfer, let the application be served and be mentioned before the presiding judge of the division on 17/3/2026 for directions,” the judge ruled.

Despite declining the interim stay, the court granted Tuju leave to appeal the March 9 decision that struck out the amended plaint.

The earlier ruling had also vacated orders issued on October 28, 2024, which had restrained the respondents, their agents or employees from advertising, attaching, selling or otherwise interfering with the ownership of the Karen properties.

Tuju had argued that the intended appeal raises substantial legal issues, including claims that the court failed to determine a pending contempt application accusing the respondents of violating earlier court orders.

The matter will now be mentioned before the presiding judge on March 17 to determine the next steps regarding the application and the intended appeal.