By Andrew Kariuki
The Judiciary has issued a statement clarifying the circumstances surrounding the Dari Limited and Raphael Tuju case following public debate over a High Court ruling delivered on March 9, 2026.
In a statement dated March 18, 2026, the Judiciary said the dispute arises from efforts by lenders to realise securities over two properties owned by the plaintiffs after a long-standing debt obligation.
According to the statement, the plaintiffs had moved to the High Court seeking injunctions to stop the auction and transfer of the properties pending determination of the case, prompting the court to initially issue interim orders preserving the properties.
However, the defendants challenged both the jurisdiction of the court and the validity of the proceedings, leading to a review of the matter.
The Judiciary noted that the case has a lengthy litigation history, including a final judgment issued in 2019 by the High Court of Justice in England and Wales requiring repayment of over USD 15 million under a financing agreement.
That judgment was later recognised and enforced by the High Court in Kenya in 2020 and upheld by the Court of Appeal in 2023, while the Supreme Court declined to grant interim relief to halt enforcement.
The court also observed that earlier attempts by the plaintiffs to obtain similar injunctive orders had been dismissed by the High Court in 2024.
As a result, the court found that the latest application was barred by the doctrine of res judicata, meaning the issues raised had already been conclusively determined by competent courts.
“The Court found that reintroducing substantially similar claims, even if framed in constitutional terms, amounted to an attempt to re-open concluded matters and constituted an abuse of the court process,” the Judiciary said.
The High Court subsequently struck out the amended plaint and the application for injunction and lifted the interim orders that had previously stopped the realisation of the properties.
The Judiciary confirmed that the plaintiffs have since filed an appeal at the Court of Appeal.
Judiciary spokesperson Paul Ndemo urged restraint, calling on all parties to allow the appellate court process to proceed without external influence or commentary that could prejudice the case.
