The Judiciary of Kenya has issued a detailed clarification regarding the high-profile case involving Dari Limited and former Cabinet Secretary Raphael Tuju, following widespread public commentary on a ruling delivered on March 9, 2026.
In a statement released on Wednesday, March 18, the Judiciary explained that the dispute arises from attempts by lenders and associated parties to realise securities tied to two properties owned by the plaintiffs, linked to a long-standing debt obligation.
According to the Judiciary, the plaintiffs had moved to the High Court of Kenya seeking injunctions to stop the auction and transfer of the properties pending the determination of the case. While interim orders were initially granted to preserve the properties, the defendants later challenged both the court’s jurisdiction and the validity of the proceedings.
Long Litigation History
The Judiciary underscored that the matter has a prolonged legal history spanning multiple jurisdictions. It cited a 2019 ruling by the High Court of Justice in England and Wales, which ordered the repayment of more than USD 15 million under a financing agreement.
That judgment was subsequently recognised and enforced by the Kenyan High Court in 2020 and upheld by the Court of Appeal of Kenya in 2023. The Supreme Court of Kenya later declined to grant interim relief to halt enforcement.
The Judiciary further noted that similar attempts by the plaintiffs to secure injunctive relief had already been dismissed by the High Court in 2024.
Court Cites Res Judicata
Central to the March 9 ruling was the application of the legal doctrine of res judicata, which bars courts from re-hearing matters that have already been conclusively determined.
“The Court found that reintroducing substantially similar claims, even if framed in constitutional terms, amounted to an attempt to re-open concluded matters and constituted an abuse of the court process,” the Judiciary stated.
On that basis, the court struck out the amended plaint and dismissed the application for an injunction. It also lifted interim orders that had temporarily blocked the realisation of the properties.
Appeal Filed
The Judiciary confirmed that the plaintiffs have since filed an appeal at the Court of Appeal, signaling the continuation of the legal battle.
Judiciary spokesperson Paul Ndemo called for restraint in public discourse, urging all parties to allow the appellate process to proceed without undue influence or parallel commentary that could prejudice the outcome.
The clarification comes amid heightened public interest in the case, which touches on cross-border debt enforcement and the limits of repeated litigation within Kenya’s judicial system.
