NAIROBI, Kenya Oct 11 – Former Cabinet Secretary Raphael Tuju has suffered a setback after five Supreme Court judges recused themselves from hearing his appeal against a Court of Appeal ruling regarding a Sh4.5 billion debt owed to the East African Development Bank (EADB).
The decision follows an application by Tuju, his two companies, and three children, seeking to halt the court proceedings until a petition they filed with the Judicial Service Commission (JSC) against the five judges is resolved. Tuju had accused the court of lacking impartiality, fairness, and integrity.
In their ruling, the judges stated that continuing with the case would not serve the ends of justice, given the accusations of bias from Tuju.
“Having arrived at the inescapable conclusion that we are being accused of bias and working towards an undisclosed predetermined outcome, we are strongly persuaded that our further participation in these proceedings would not serve the ends of justice, at least in the eyes and perception of the appellants,” the court ruled.
The judges who recused themselves are Deputy Chief Justice Philomena Mwilu, Justice Mohammed Khadar Ibrahim, Justice Dr. Smokin Wanjala, Justice Njoki Ndung’u, and Justice William Ouko. Tuju had accused them of failing to meet the standards expected of a court under the Constitution.
The court also noted that the ruling by the Court of Appeal on April 20, 2023, remains valid unless overturned by a competent Supreme Court bench. “The Judgment of the Court of Appeal shall stand until it is either affirmed or reversed by a competent Bench of this Court.”
Tuju is facing the potential auction of his Dari and Entim Sidai properties in Karen over the unpaid loan to EADB.
Source: capitalfm
