Economy

New judge set to handle Tuju’s bankruptcy case

tuju

Mr Raphael Tuju. FILE PHOTO | NMG

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Summary

  • Justice Kasongo’s transfer to Kiambu from the Milimani Court in Nairobi came even as she dismissed claims of bias against Mr Raphael Tuju and his company in a Sh1.6 billion dispute with a regional lender.
  • The judge said in a ruling the claims that she favoured East African Development Bank (EADB) over Dari Ltd were unsubstantiated and declined to recuse herself from the case, as pleaded by Mr Tuju.
  • Justice Kasongo said Mr Tuju failed to provide cogent evidence to support the allegation of bias.

The case involving a company owned by Jubilee secretary-general Raphael Tuju and regional lender East African Development Bank (EADB) will be handled by a new judge following a regular transfer of Justice Mary Kasango who had been listening to the suit.

Justice Kasongo’s transfer to Kiambu from the Milimani Court in Nairobi came even as she dismissed claims of bias against Mr Raphael Tuju and his company in a Sh1.6 billion dispute with a regional lender.

The judge said in a ruling the claims that she favoured East African Development Bank (EADB) over Dari Ltd were unsubstantiated and declined to recuse herself from the case, as pleaded by Mr Tuju.

Justice Kasongo said Mr Tuju failed to provide cogent evidence to support the allegation of bias.

“I would go further and state that anyone who is reasonably informed and familiar with this matter would not conclude that I am biased either for or against any of the parties before me,” she said.

Justice Kasango added that the petition for her removal as a judge, which is pending before the Judicial Service Commission, (JSC) was nothing short of stage-managed manoeuvre to get her to disqualify herself from hearing the case.

“I decline to give in to fear and intimidation directed toward me. I decline to recuse myself from hearing this matter,” she said.

The judge, however, said owing to her transfer from Milimani to Kiambu High Court, all the cases which she was handling, including receivership and bankruptcy cases against Mr Tuju and his children, will now be handled by the incoming judge.

In the application, Mr Tuju had accused Justice Kasango of bias in the manner in which she has handled the dispute, alleging that the Judge has somehow acquired a personal stake in the matter.

“Throughout the proceedings in this matter, the judge has exhibited favouritism towards EADB and bias against Dari Ltd and its directors,” he said.