Former CS Raphael Tuju during a media briefing /FILEFormer Cabinet Secretary Raphael Tuju has secured a conditional reprieve from the High Court, temporarily shielding his Entim Sidai Wellness Sanctuary in Karen from enforcement of the bank’s statutory power of sale, which would allow the lender to auction the property to recover outstanding debt.
The protection, however, is subject to strict court-imposed financial conditions.
In a ruling delivered by Justice Moses Ado, the court granted a temporary stay of execution, preserving the property pending Tuju’s intended appeal.
The order requires him to deposit Sh50 million as security within 30 days.
The order follows an earlier decision by Justice Josephine Mongare striking out Tuju’s amended pleadings, a ruling that cleared the way for the East African Development Bank to proceed with enforcement of its statutory power of sale over the charged assets.
Through his advocate, Senior Counsel Paul Nyamodi, Tuju had argued that the wellness sanctuary, alongside Dari Business Park, is a unique and irreplaceable asset whose liquidation would render the intended appeal nugatory (meaningless).
The lender opposed the application, maintaining that Tuju had not provided any viable financial assurances and that continued delay would result in mounting debt exposure.
While the court acknowledged procedural gaps in Tuju’s application, Justice Ado exercised discretion to grant a limited stay in order to preserve the “substratum” of the appeal, noting that the property remained unsold and under the bank’s charge.
The judge, however, drew a clear distinction between assets already sold and those still available for preservation.
He specifically excluded the completed transactions relating to Dari Business Park properties from the scope of the stay, affirming that those transfers remain unaffected.
Additionally, Tuju is required to file and serve the record of appeal within 60 days, failing which the stay will automatically lapse.
Justice Ado emphasised that the conditional orders were designed to balance the interests of both parties, safeguarding the appeal process while protecting the lender from further financial prejudice.
The ruling, therefore, leaves Tuju with a narrow window to comply with the stringent conditions, effectively tying the continuation of the preservation order to procedural and financial compliance.
