Former Cabinet Secretary Raphael Tuju announced the formation of a forum to fight land grabbers eying property in the country at the expense of owners.
Tuju said he had been approached by many orphans, widows, and other helpless people who have lost family property or are on the verge of losing their property due to such malfeasance.
“Together with my family and a few friends, today I launch the formation of a Land Protection Forum (LPF).”
“I am giving out a number with WhatsApp (0708293936) where any Kenyan going through the threat of losing their hard-earned family, land or property through corruption should pursue justice. On this number, any Kenyan can contact the forum to share their ordeal and where I can, I will do all I can to help especially the widows and orphans in the midst of this crisis,” he said.
He added he has lodged a complaint at the Judicial Service Commission against Supreme Court of Kenya judges who were involved in a land saga he has with the African Development Bank.
A court stopped the bank from auctioning Tuju Karen Properties in a tussle.
High Court Commercial Division Judge Josphine Mongare issued the order temporarily blocking Knights Valuers , African Development Bank and Graham Investment Auctioneers from selling Tuju’s properties located in Karen.
“An order of temporary injunction restraining the Defendants/Respondents herein, whether by their themselves, their employees, servants, auctioneer, agents and/or assignees from disposing of, transferring and / or selling by the public auction of 29th October, 2024 or any other date the Plaintiff/Applicants’ properties being L.R. NO. 11320/3, Entim Sidai Wellness Sanctuary, Tamarind Karen and Dari Business Park in Nairobi,” ruled Judge Mongare.
Tuju narrated his ordeal in the saga saying those eying his property were hiding behind the bank.
The luxurious Dari Coffee and Garden Restaurant was however auctioned on October 1 for Sh450 million.
The issues date back to 2015 when the East African Development Bank (EADB) granted Tuju $9.3 million for the purchase of a 20-acre parcel of land intended for housing and hospitality development.
The bank claims the former CS defaulted on the loan, leading to the ongoing court case.
Tuju contends that the bank has thwarted various settlement initiativeshe has proposed.
He argues in court that his properties are currently valued at Sh4.2 billion, exceeding the bank’s demands.
The dispute stems from a loan agreement made in 2015, with cases pending before the Supreme Court.
Tuju is challenging the enforcement of a UK judgment that found he breached the agreement, while also contesting the bank’s claims in the High Court.
Tuju accused the media of taking the side of the bank through a PR that has been hired for the job.
This is his statement:
“This afternoon a warrant of arrest has been issued for a senior official of the East Africa Development Bank (EADB). The criminal charges against Mr. Okwara and EADB stem from lies that were peddled by the bank to the DCI against myself, my children and our company Dari limited. Some of the lies were also entrenched in the EADB affidavits to the Supreme Court of Kenya and other courts in Kenya and UK.
Apart from entrenching the lies in the courts, the malicious reports were an attempt to criminalize an otherwise civil matter.
It was also an attempt to intimidate me in the grand scheme to scandalize my name before stealing our
properties.
This afternoon, SC Fred Ojiambo came to court to try to stop the arrest of MR.
Okwara on grounds that he was anticipating favorable orders to stop the proceeding from a superior court.
On July 11th, 12th & 31st 2024, in an affidavit in open court, the EADB Kenya Country manager in oral submission under oath admitted that the EADB had lied in the Kenyan and UK courts The EADB Country manager even recanted the affidavit that was sworn against us on behalf of the bank that was before the Supreme Court of Kenya.
In the meantime, The SCOK had issued rulings in favor of EADB based on the liesand statements that were recanted by the EADB official. Despite our pleas that the EADB official be cross-examined, the Supreme Court mysteriously declined to take this important piece of evidence.
When the truth emerged in the lower court, the whole bench of five of the Supreme court judges recused themselves from the case.
I am facing the five Supreme court judges before the JSC and the EADB lawyers involved in the manufacture and procuring of false affidavits that is SC Fred Ojiambo, are now having to face us before the Advocates Complaints
Commission. Besides, we have also filed cases at the DCI with respect to the two 1commissioners of Oaths whose stamp appear before the fake affidavits disowned by EADB officials.
It should be of interest that the case by Nelson Havi seeking the removal of Supreme Court judges cite our Dari limited case as one of the grounds for removal of the judges.
The recusal by the bench of 5 judges has no precedent in the Commonwealth law and is also currently the subject of litigation in other fora.
As by the time the ruling on the arrest of warrant, no such ruling was forthcoming. Previously we made up to three attempts to pay off the loan that EADB had advanced to us.
Two of these were attempts through local banks and one through equity partners from the Emirates. Each time former EADB Director General frustrated and rejected these attempts.
The only rational explanation for their refusal to be paid is that some operatives at the bank saw the opportunity to benefit by grabbing our 27 acres of land by proxy.
The value of our land was more than the outstanding loan.
In summary, I can say without any risk of contradiction that what I have been battling is not a normal transaction in a commercially secured loan. It has been a fight against some crooked operatives at EADB.
The criminal proceedings that started today where a warrant of arrest of a bank official on criminal charges speak
volumes.
I have been forced to deal with some crooks in the Judicial system.
However, I must hasten to add that I am a great believer in the rule of law and on many occasions, some upright men and women in the Judiciary have prevailed against the crooked elements and that is why we still have our property in our possession until now.
The ruling today to arrest one of the criminals shows that the system can work.
Of late I have been forced to stand up to some elements with political networks who have tried to steal part of our land but with God’s grace, we managed to stop them through the court system.
Their names are known and are obvious in some of the court documents and I have no reason to publicly humiliate them just yet.
I am not addressing the press this morning on this matter because I am looking for
your sympathy.
Unfortunately, the EADB retained the services of an international PR company who have done a splendid job of ensuring that the false narrative according to the EADB is what tended to see the light of day in the mainstream and social media
Unfortunately, many in the media have always entertained that
false narrative.
However, I have always and continue to believe that the truth is stubborn and the truth eventually overcome the lies.
I however plead with you to allow me one or two statements parting.
If I, a former Foreign Affairs Minister in this country can be a victim to this connivance by greedy individuals in a bank, dishonest judicial officers, then what hope is there for the ordinary Kenyan?
I am blessed that I have been able to put a spirited fight both in Kenya and in the UK courts.
During this odyssey, I have been approached by many orphans, widows, and other helpless people who have lost family property or are on the verge of losing their property due to such malfeasance.
Together with my family and a few friends, today I launch the formation of a Land Protection Forum (LPF). I am giving out a number with WhatsApp (0708293936) where any Kenyan going through the threat of losing their hard-earned family, Land or property through corruption should pursue justice.
On this number, any Kenyan can contact the forum to share their ordeal and where I can, I will do all I can to help especially the widows and orphans in the midst of this crisis.
I am inspired by the fact that when I was in hospital ICU, after an almost fatal accident in the year 2020, In that week the then leadership of EADB sent auctioneers to our premises.
Had I not survived the accident, my family would have been robbed and dispossessed and made destitute.
As a people, we must not allow 3crooks to reign with such abandon.
Through this forum that will have its inaugural meeting in a few weeks, we will give a voice to many who are suffering silently.
Raphael Tuju.”
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