This archive report was first published on 25 May 2020.
On May 25, 2020, Jubilee Party Secretary-General Raphael Tuju appeared before Justice Grace Nzioka in a court case related to a Sh1.6 billion defaulted loan.
Mr. Tuju, through his lawyers, Paul Muite and Paul Nyamodi, alleged that Justice Nzioka had displayed open bias towards the East African Development Bank (EADB) to the detriment of Dari Ltd.
However, EADB, through Senior Counsel Fred Ojiambo, stated that Mr. Tuju's latest application was a ploy to delay contempt proceedings against him over the loan dispute.
Mr. Tuju has contested the court orders, arguing that the directives were issued before the judge heard his side of the story. He wants the orders reviewed and for Justice Nzioka to stop hearing the matter.
"That Lady Justice Grace Nzioka has openly demonstrated bias when recording the court proceedings by excluding submissions by the parties, especially the plaintiffs," Mr. Tuju said in his affidavit.
He claimed that Justice Nzioka gave EADB lawyers ample time during sessions and does not record court proceedings, making it difficult for Mr. Tuju to appeal her decisions.
The court had ordered the directors of Dari Ltd to give two receiver managers, Muniu Thoithi and George Weru, access to Mr. Tuju's Karen property.
The receiver managers reported that they had been blocked thrice from entering the premises in defiance of the judge's order.
The case involves a Sh1.6 billion loan borrowed in 2015, which Mr. Tuju defaulted on in 2017.
Mr. Tuju and his children had guaranteed the loan, allowing EADB to rope in the children into the suit where it is seeking to take over the 20-acre property in Karen as well as the high-end restaurant.
