Setback for Tuju as court upholds auction of Dari Business Park

Former Cabinet Secretary Raphael tuju/FILE

Former Cabinet Secretary Raphael Tuju has suffered a setback after the High Court declined 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 disturb a lawful transfer of the property, which had already been sold and transferred to a third-party purchaser nearly two years earlier.

The dispute arose from a long-running financial disagreement between Tuju’s company, Dari Limited, and the East African Development Bank, which ultimately culminated in the auction of the property on October 1, 2024.

During the proceedings, Ultra Eureka Limited, the tenth defendant, argued that it had lawfully purchased the property at value, taken possession, and had its title duly registered.

The company maintained that with the transfer already completed, there was nothing left for the court to preserve through injunctive relief. The bank and Knight Frank Valuers Limited, the appointed valuers, supported this position, arguing that earlier court orders striking out Tuju’s primary suit had removed any legal basis for protection of the asset.

In his analysis, Justice Ado affirmed the principle of finality in public auction sales, holding that once a statutory sale is completed and title transferred, courts are generally barred from reversing 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 held that Tuju’s statutory equity of redemption—the right of a charged property owner to redeem the asset before completion of a sale—was extinguished once the auction was concluded and the purchase finalised.

Citing established legal principles, the judge noted that any procedural irregularities in a completed sale do not ordinarily justify recovery of the property but may instead give rise to a claim for damages under Section 99 of the Land Act.

The court also rejected arguments that a pending appeal could be used to defeat the rights of a third-party purchaser holding a clean title arising from a concluded sale.

While Tuju’s legal team, led by Senior Counsel Paul Nyamodi, had urged the court to preserve the property on grounds of its unique commercial value and the alleged irreparable loss to his investment portfolio, the court was not persuaded.

By declining to issue protective orders over Dari Business Park, the ruling effectively affirms Ultra Eureka Limited’s ownership, leaving Tuju to pursue monetary remedies against the lender if he elects to continue litigation.