Former Cabinet Secretary Raphael Tuju has secured a conditional lifeline from the High Court, which temporarily blocks a bank from using its statutory power of sale to auction off his Entim Sidai Wellness Sanctuary in Karen to recover an outstanding debt.
This breathing room, however, comes with a catch. In a ruling delivered by Justice Moses Ado, the court granted a temporary freeze on any enforcement actions to preserve the property while Tuju prepares his appeal. To keep this protection alive, the judge ordered him to park Sh50 million as security within the next month.
“The plaintiff (Tuju) shall, within 30 days of deposit security in the sum of Sh50 million in an interest-earning joint account in the names of counsel for the parties, failing which the stay order shall automatically lapse,” the judge ruled.
This latest order follows a previous decision by Justice Josephine Mongare, who threw out Tuju’s amended pleadings. That earlier ruling effectively gave the East African Development Bank the green light to move forward and auction off the collateral.
Tuju’s lawyer, Senior Counsel Paul Nyamodi, fought back by arguing that the wellness sanctuary is a completely unique, irreplaceable asset. He contended that letting the bank liquidate it would make any future appeal totally pointless.
The lender opposed the move, countering that Tuju had failed to provide any real financial guarantees and that any further delays would only cause the outstanding debt to pile up.
Although the court noted some procedural gaps in Tuju’s paperwork, Justice Ado chose to use his discretion to grant a limited freeze on the sale. He explained that because the property remains unsold and still under the bank’s charge, a temporary pause is necessary to protect the very foundation of the upcoming appeal.
The judge, however, drew a clear line between the assets that the bank has already sold and those that the court can still save. He specifically locked out the finalized Dari Business Park transactions from the freeze, confirming that those property transfers remain firmly in place.
“For avoidance of doubt, this order shall not operate to reverse or nullify the completed transfer relating to LR number 1055/165 Tamarind and Dari Business Park,” the judge clarified.
On top of the cash deposit, Tuju must file and serve his official record of appeal within 60 days, or the court will automatically lift the protection. Justice Ado pointed out that these strict conditions aim to strike a fair balance between both sides, keeping the appeal process alive while ensuring the lender does not face further financial damage.
Ultimately, the ruling leaves Tuju with a tight window to pull together the required cash and meet his deadlines, tying the survival of his wellness sanctuary directly to his financial and procedural compliance.
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