The High Court has issued a ruling preventing auctioneers from selling the hotels owned by former Cabinet Secretary Raphael Tuju.
Justice Josephine Mongare has barred Garam Investment Auctioneers, Knight Frank Valuers Limited, and the East African Development Bank (EADB) from transferring or auctioning the Entim Sidai Wellness Sanctuary, Tamarind, and Dari Business Park, all in Karen.
Tuju is seeking to halt the sale of his properties, which is tied to a debt owed to EADB.
He is asking the court to declare that the valuations of L.R No. 11320/3 and L.R No. 1055/165, conducted by Knight Frank Valuers Ltd under EADB’s direction, are illegal and invalid.
He argues that these valuations violate Section 97(2) of the Land Act and should not be used to justify any purported power of sale by the lender regarding his properties.
Additionally, Tuju wants the court to declare the notifications of public auction served to him and Dari Ltd on July 24, 2024, as illegal and unenforceable.
He is also seeking a permanent injunction to prevent the respondents, their employees, agents, or anyone acting on their behalf from advertising, attaching, selling, or otherwise interfering with his ownership of the properties.
Tuju claims that Garam Investment Auctioneers improperly issued sale notifications based on the valuations from Knight Frank dated July 15, 2024, and has since attempted to advertise the property for sale.
He asserts that EADB is pursuing the auction despite existing status quo orders.
