Thursday, May 21, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
No Result
View All Result
Court Helicopter
Home Court Update

Blow for Tuju as High Court Allows Auction of Dari Business Park, Protects Entim Sidai Temporarily

High Court issues split ruling allowing auction of Dari Business Park while temporarily preserving Entim Sidai property pending appeal

CH Reporter by CH Reporter
May 21, 2026
in Court Update
0
Blow for Tuju as High Court Allows Auction of Dari Business Park, Protects Entim Sidai Temporarily

High Court allows auction of Tuju’s Dari Business Park but temporarily blocks sale of Entim Sidai property pending appeal, with Ksh50M security order.

Share on FacebookShare on TwitterShare on WhatsApp

The High Court has allowed the auction and transfer of former Cabinet Secretary Raphael Tuju Dari Business Park to stand, while temporarily stopping any sale or interference with the Entim Sidai Wellness Sanctuary property pending an intended appeal.

In a ruling delivered on Thursday, the court granted a partial stay of execution in the long-running dispute involving Tuju, several banks and other parties over charged properties.

Related posts

DCI Arrests Suspect in Brutal Murder of Gospel Singer Rachel Wandeto

DCI Arrests Suspect in Brutal Murder of Gospel Singer Rachel Wandeto

May 20, 2026
Court Rejects Bid to Detain Suspects in 58 M Gold Scam Probe Linked to Crypto Transfers

Court Rejects Bid to Detain Suspects in 58 M Gold Scam Probe Linked to Crypto Transfers

May 20, 2026

The judge ruled that the application before the court was not barred by the doctrine of res judicata despite previous litigation before the High Court, Court of Appeal and Supreme Court.

“Accordingly, the court finds and holds that the application is not res judicata,” the judge said.

The court also rejected arguments by the respondents that the application was fatally defective for being filed under the wrong provisions of the law.

“However, the mere citation of incorrect provision of the law or failure to cite the appropriate provision does not of itself render an application incompetent where the court is otherwise properly seized of jurisdiction,” the judge ruled.

On whether the March 9 ruling could be stayed, the court found that although striking out a suit is ordinarily considered a negative order incapable of stay, the circumstances of this case were different because the earlier decision also vacated injunctions protecting the properties.

“The affidavits… confirm that enforcement actions and altercations followed within hours of the ruling. These are obviously executory consequences of the ruling, which in the view of this court are capable of being stayed,” the judge stated.

However, the court drew a distinction between the two disputed properties.

The judge found that Dari Business Park, identified in court as LR No. 1055/165 Tamarind Karen Business Park, had already been sold through a public auction and transferred to the 10th defendant.

“In respect of that property, the applicant’s equity of redemption was extinguished upon the fall of the hammer,” the court ruled.

The judge added that once a charged property is sold through a completed auction, the law only allows an aggrieved party to pursue damages.

“Accordingly, no substantial loss has been demonstrated in respect of that property,” the ruling stated.

But the court found that the Entim Sidai Wellness Sanctuary property, identified as LR No. 11320/3, had not yet been sold and required preservation pending appeal.

“In respect of that property, there exists a real risk that absent preservatory orders, the respondents may proceed to realize the security before the intended appeal is heard,” the judge said.

The court consequently issued temporary stay orders preserving the property pending the determination of the intended appeal.

As part of the conditions, the court ordered Tuju to deposit Ksh50 million in a joint interest-earning account within 30 days.

“The plaintiff within 30 days [shall] deposit security in the sum of 50 million in an interest-earning joint account in the names of counsel for the parties, failing which the stay order shall automatically lapse,” the judge directed.

The court further ordered the plaintiff to file and serve the record of appeal within 60 days, failure to which the temporary protection orders will also lapse automatically.

Previous Post

Court Orders Linet Toto to Pay Former Staffer Ksh 1M for Unfair Dismissal

Next Post

Big Win for Mbeere North MP Leo Wamuthende as High Court Upholds Election Victory and Dismisses Petition

CH Reporter

CH Reporter

Next Post
Big Win for Mbeere North MP Leo Wamuthende as High Court Upholds Election Victory and Dismisses Petition

Big Win for Mbeere North MP Leo Wamuthende as High Court Upholds Election Victory and Dismisses Petition

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Judge Rules Consensual teen Relationships Should Not Be Treated as sexual offenses
News

Judge Rules Consensual teen Relationships Should Not Be Treated as sexual offenses

by Vivian Navate
May 20, 2026
0

In a detailed and far-reaching judgment, Justice Bahati Mwamuye has delivered what is set to become a defining court ruling...

Safaricom Data Links KDF Officer to Murder of UoN Student Mercy Kwamboka

Safaricom Data Links KDF Officer to Murder of UoN Student Mercy Kwamboka

May 20, 2026
DCI Arrests Suspect in Brutal Murder of Gospel Singer Rachel Wandeto

DCI Arrests Suspect in Brutal Murder of Gospel Singer Rachel Wandeto

May 20, 2026
DCI Takes Over Rachel Wandeto Murder Probe as Lawyer Omari Terms Killing a ‘Constitutional Violation’

DCI Takes Over Rachel Wandeto Murder Probe as Lawyer Omari Terms Killing a ‘Constitutional Violation’

May 19, 2026
Justice Margaret Njoki Recuses Herself From Kenyatta University VC Dispute

Justice Margaret Njoki Recuses Herself From Kenyatta University VC Dispute

May 20, 2026
Jackson Kihara Gachucha Accuses His Uncle A Former Deputy President of Framing Him In Robbery Case

Jackson Kihara Gachucha Accuses His Uncle A Former Deputy President of Framing Him In Robbery Case

May 21, 2026
High Court Halts Government Sale of 15% Safaricom PLC Stake to Vodacom Pending Case Hearing

High Court Halts Government Sale of 15% Safaricom PLC Stake to Vodacom Pending Case Hearing

May 18, 2026

Blogger Gaitho Charged for Alleged False Tweet Against Police in Kware Killings’ Case.

July 18, 2024
High Court Orders Safaricom to Pay KSh11 Million Over Massive Data Breach Affecting Millions of Subscribers

High Court Orders Safaricom to Pay KSh11 Million Over Massive Data Breach Affecting Millions of Subscribers

May 20, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • Jackson Kihara Gachucha Accuses His Uncle A Former Deputy President of Framing Him In Robbery Case
  • Big Win for Mbeere North MP Leo Wamuthende as High Court Upholds Election Victory and Dismisses Petition
  • Blow for Tuju as High Court Allows Auction of Dari Business Park, Protects Entim Sidai Temporarily

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Photo-Story

Recent News

Jackson Kihara Gachucha Accuses His Uncle A Former Deputy President of Framing Him In Robbery Case

Jackson Kihara Gachucha Accuses His Uncle A Former Deputy President of Framing Him In Robbery Case

May 21, 2026
Big Win for Mbeere North MP Leo Wamuthende as High Court Upholds Election Victory and Dismisses Petition

Big Win for Mbeere North MP Leo Wamuthende as High Court Upholds Election Victory and Dismisses Petition

May 21, 2026

© 2026 Court Helicopter. All rights reserved.

No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa

© 2026 Court Helicopter. All rights reserved.