Former Cabinet Secretary Raphael Tuju was dealt a blow after the High Court refused to interfere with the completed auction of the multi-billion-shilling Dari Business Park in Karen, Nairobi.
In a ruling delivered on Thursday, May 21, 2026, Justice Moses Ado held that the court could not undo a lawful transfer of the property, which a third-party buyer had already purchased and acquired nearly two years ago. The dispute stems from a long-running financial battle between Tuju’s company, Dari Limited, and the East African Development Bank, which triggered the auction of the prime asset on October 1, 2024.
During the proceedings, Ultra Eureka Limited, the tenth defendant in the case, argued that it had lawfully purchased the property, taken full possession, and duly registered its title. The company maintained that because the transfer was already finalized, the court had nothing left to preserve through an injunction.
The bank and appointed valuers, Knight Frank Valuers Limited, backed this stance, arguing that since previous court orders had already thrown out Tuju’s primary lawsuit, he no longer had any legal basis to protect the asset.
Justice Ado affirmed the principle of finality in public auction sales, ruling that once a statutory sale closes and the title changes hands, courts generally cannot reverse the transaction.
“The evidence before this court demonstrated that one of the properties, that is LR No. 1055/165, that’s Tamarind and Dari Business Park, was sold at a public auction, transferred to the tenth defendant (Ultra Eureka), and possession taken,” Justice Ado observed.
He further noted that Tuju’s statutory equity of redemption, the legal right of a property owner to reclaim an asset before a sale finishes, vanished the moment the auction concluded and the purchase was finalized. The judge cited established legal precedents, noting that any procedural hiccups in a completed sale do not justify taking the property back; instead, they might give the former owner grounds to sue for financial damages under Section 99 of the Land Act.
The court also dismissed the idea that a pending appeal could shoot down the rights of a third-party buyer who holds a clean title from a finalized auction.
Tuju’s legal team, led by Senior Counsel Paul Nyamodi, urged the court to save the property because of its unique commercial value and the devastating hit to his investment portfolio, but the judge simply didn’t buy the argument.
By refusing to issue protective orders over Dari Business Park, the court has effectively locked in Ultra Eureka Limited’s ownership.
The post Raphael Tuju’s Fight to Reclaim Dari Business Park Hits a Dead End in Court appeared first on Bossnana.
