NAIROBI, Kenya — Anyang’ Nyong’o has raised concerns over the involvement of police officers in the enforcement of a court-approved auction targeting properties linked to former Cabinet minister Raphael Tuju.
Tuju has in recent days been resisting attempts by auctioneers to sell several high-value properties in the Karen area after a court ruling cleared lenders to proceed with the auction.
Early Saturday morning, police officers reportedly raided one of the properties where Tuju had camped, leading to a tense confrontation as he attempted to block the seizure.
The dramatic operation drew widespread public attention, with critics questioning the timing and role of law enforcement in what is essentially a civil dispute.
Concerns over the use of state power
In a statement on Sunday, Nyong’o criticised what he described as the possible misuse of state institutions in enforcing commercial claims.
“It is deeply concerning when institutions mandated to safeguard those rights appear to act in ways that undermine the very principles they were created to defend,” he said.
The governor questioned the decision to deploy uniformed officers late at night, arguing that such matters should follow standard civil procedures.
“The use of uniformed police officers whose primary duty is to maintain law and order to facilitate actions that seemingly bypass established legal processes is troubling,” Nyong’o said.
“Debt recovery and commercial disputes are clearly addressed within the framework of civil law and ought to be handled transparently and through lawful procedures.”
He added that conducting operations at night and displaying force in civil disputes risks eroding public trust in state institutions.
Long-running loan dispute
The dispute stems from a multi-billion-shilling loan secured in 2015 from the East African Development Bank.
In 2019, the High Court of Justice ruled that Tuju must repay the debt — a decision later reinforced by Kenyan courts, including the High Court of Kenya and the Court of Appeal of Kenya.
The case centres on several prime Karen properties linked to Tuju and his company Dari Limited.
These include the Entim Sidai Wellness Sanctuary, Tamarind Karen, and Dari Business Park, which lenders have sought to attach as part of the debt recovery process.
Court ruling and pending appeal
Justice Josephine Mongare authorised the takeover of the properties after dismissing Tuju’s application to reopen the matter, describing the attempt as an abuse of the judicial process aimed at delaying enforcement.
However, Tuju and Dari Limited have been granted permission to challenge the ruling.
The court directed the parties to file an appeal, which is scheduled to be mentioned on March 17 for further directions.
Nyong’o urged authorities to exercise restraint and avoid actions that could be perceived as harassment, noting that Tuju remains a former senior public official who has served the country in high-level leadership positions.
“Whatever the merits of the commercial dispute at hand, he is neither a fugitive nor a criminal deserving treatment that subjects him to humiliation or unnecessary public embarrassment,” he said.
