Former Minister Raphael Tuju Reclaims Dari Business Park Amid Court Orders
Former Cabinet Minister Raphael Tuju has announced that he has successfully regained access to his Dari Business Park property located in Karen after weeks of a heavy police presence that had effectively barred him from the premises.
In a strongly worded statement issued on Sunday, Tuju confirmed that the development follows a recent court directive that granted him occupation rights while simultaneously halting any planned sale, transfer, or dealings involving the contested property until the ongoing legal dispute is heard and determined.
Court Orders Shift Control Back to Tuju
The latest court intervention marks a significant turning point in the high-stakes property dispute that has drawn national attention. According to Tuju, the court’s ruling allows him to reside on and utilize the property, reinforcing his claim to ownership while preserving the status quo.
The directive, issued by Justice Moses Ado on March 18, explicitly restrains any party from engaging in transactions involving the land parcels identified as L.R. No. 11320/3 and L.R. No. 1055/165.
In the court order cited by Tuju, the judge stated:
“Pending the hearing and determination of this application, there shall be an order preserving the substratum of the dispute… there shall be no sale, transfer, assignment, alienation, charge, lease, disposal, or any manner whatsoever dealing with the title and/or ownership of the suit property.”
This effectively freezes all activity surrounding the prime land, ensuring that no irreversible changes occur before the court delivers a final verdict.
Tuju Slams Police Presence
Despite the legal victory, Tuju did not hold back in criticizing the role played by police officers during the standoff. He accused security agencies of acting unlawfully and exceeding their mandate by occupying the property without a valid court order.
According to Tuju, more than 100 police officers allegedly stormed the premises in the early hours of March 13, an action he described as both illegal and forceful.
“After all, they illegally raided my premises, they assaulted me, and they or their masters cannot be my friends,” Tuju said in his statement.
He further insisted that police should strictly limit their involvement to enforcing lawful court orders rather than participating in what he termed a “land grab operation.”
“The police should only be on site to enforce court orders, not to be part of a land grab operation,” he added.
Tuju also made it clear that he would only vacate the property if presented with a valid court order directing him to do so.
Direct Appeal to Police Leadership
The former minister had earlier escalated the matter by writing to Inspector General Douglas Kanja, protesting what he described as an unlawful occupation of his property by security officers.
In his complaint, Tuju questioned the legality of the police action and demanded accountability for what he viewed as a violation of his rights.
His latest remarks reiterate his position that the police have no legal basis to evict him or remain stationed on the property without explicit court authorization.
The Sh1.9 Billion Loan Dispute
At the heart of the conflict is a long-running financial dispute involving a loan borrowed in 2015 from the East African Development Bank (EADB).
Tuju’s company, Dari Limited, reportedly secured an initial loan of USD 9,197,084 (approximately Sh1.2 billion at the time). Over the years, the amount ballooned to about Sh1.9 billion due to accumulated interest and associated costs.
The disagreement arose after alleged default on the loan repayments, prompting attempts to auction the property to recover the outstanding debt.
However, Tuju has consistently challenged the auction process, arguing that it was irregular and unlawful.
Auctioneers and Valuers Dragged Into Dispute
The case has drawn in several high-profile entities, including Garam Investment Auctioneers and Knight Frank Valuers Limited, who are listed among the respondents in the legal proceedings.
These parties are accused by Tuju and his legal team of facilitating the attempted sale of the property under questionable circumstances.
Through his lawyers, Tuju made an urgent application seeking temporary orders to block what he described as illegal occupation and interference with his property.
The court’s decision to grant interim relief suggests that it found sufficient grounds to preserve the property until the dispute is fully resolved.
A High-Stakes Legal Battle
The Dari Business Park case underscores the complexity of commercial property disputes in Kenya, particularly those involving large financial institutions and politically exposed individuals.
Legal experts note that the court’s emphasis on preserving the “substratum of the dispute” is critical in preventing irreversible actions that could complicate the final judgment.
By halting any transactions involving the property, the court has effectively ensured that ownership and control remain contested but unchanged until due process is followed.
What Happens Next?
While Tuju’s return to the property marks a temporary victory, the broader legal battle is far from over.
The court is expected to hear and determine the substantive issues surrounding the loan, the alleged default, and the legality of the attempted auction.
Key questions that remain unresolved include:
- Whether the loan repayment terms were breached
- Whether due process was followed in initiating the auction
- The legality of police involvement in the dispute
- The rightful ownership and control of the property
Until these issues are conclusively addressed, the future of Dari Business Park remains uncertain.
Political and Public Interest
Given Tuju’s prominence as a former Cabinet minister and influential political figure, the case has attracted significant public and media attention.
It also raises broader concerns about the intersection of law enforcement, financial disputes, and property rights in Kenya.
Observers argue that the outcome could set an important precedent for how similar disputes are handled in the future, particularly regarding the role of police in civil matters.
Tuju’s Defiant Stand
For now, Tuju appears determined to hold his ground. His statement reflects a firm stance not only on his legal rights but also on what he perceives as systemic misuse of authority.
“The police cannot come to evict me without a valid court order. If they produce such a court order, I will obey,” he said.
His return to the property signals both a personal and legal assertion of control, even as the battle shifts back to the courtroom.
As the case unfolds, all eyes will be on the judiciary’s next move—and whether the final ruling will vindicate Tuju’s claims or uphold the actions taken by the lenders and auctioneers.