NAIROBI, Kenya – The Judiciary has issued a warning against public commentary on the ongoing legal battle between Dari Limited and the East African Development Bank (EADB).
In a statement released Thursday, Judiciary Spokesman Paul Ndemo emphasized the importance of adhering to the sub judice rule to ensure a fair judicial process.
Ndemo reminded all parties that the dispute is still before the courts and should not be debated in the media or on social platforms.
“Under the sub judice rule, which upholds the rule of law and ensures fair administration of justice, these matters should be left for judicial determination,” he stated.
The Judiciary also addressed recent public remarks by former Cabinet Secretary Raphael Tuju, describing them as misleading and calling for responsible reporting.
Raphael Tuju, in an open letter to Chief Justice Martha Koome, accused the Supreme Court of bias and judicial misconduct.
He alleged that recent rulings unfairly favor financial institutions, allowing them to auction properties without following due legal processes.
Tuju further claimed that five Supreme Court judges consistently rule in favor of banks, even in cases where such judgments were not explicitly requested.
He alleged personal misconduct by four justices, including claims of public intoxication, and offered to provide video evidence.
EADB has refuted Tuju’s claims, stating that its lending practices are conducted in strict adherence to legal and governance principles.
The bank expressed confidence in the legitimacy of its actions, citing favorable rulings in both the UK and Kenyan courts.
In a statement, EADB said, “All loan facilities advanced by the bank undergo rigorous scrutiny without favoritism toward individuals or institutions based on rank or profile.”
The bank also urged journalists to ensure objective reporting and promised to provide factual information when required.
The dispute between Dari Limited and EADB dates back to a June 2019 ruling by the High Court of Justice in England, which ordered Dari Limited to settle its debt.
Subsequent appeals by Dari Limited were dismissed by the UK Court of Appeal in 2023.
In Kenya, the company escalated the matter to the Supreme Court but filed complaints of bias with the Judicial Service Commission (JSC), prompting the judges to recuse themselves.
The Court of Appeal’s decision, therefore, remains binding.
Despite these rulings, Dari Limited has continued to challenge the enforcement of the judgment.
It filed a separate case in the East African Court of Justice, arguing that EADB’s actions violate the East African Community Treaty. That case is still pending.
