The High Court has upheld the auction of Rafael Tuju’s Dari Business Park while issuing a conditional stay on Entim Sidai, ordering a Sh50 million deposit within 30 days.

📻 Breaking It Down

NAIROBI, Kenya, May 21 — The High Court has upheld the auction of former Cabinet Secretary Raphael Tuju’s Dari Business Park and declined to reverse its transfer, while granting a limited stay preserving Entim Sidai property on condition of a Sh50 million deposit within 30 days

Delivering the ruling on an application seeking stay of execution of a March 9, 2026 decision pending appeal, Justice Moses Ado said the dispute concerned whether the properties should be preserved while an intended appeal proceeds in a long-running commercial battle involving lenders and multiple defendants.

The court made a key finding at the outset of its determination, declining to interfere with a completed transfer of property already sold in a public auction, effectively allowing the transaction to stand and removing it from the scope of interim protection sought by the applicant.

📌 What You Need to Know

Justice Ado found that one of the key properties, Dari Business Park (LRR No. 1055/165), had already been sold at a public auction and transferred to a third party, and was therefore not available for reversal through a stay order.

“The evidence before this court demonstrated that one of the properties… was sold at a public auction, transferred to the 10th defendant and possession taken,” the judge stated in a determination on Thursday.

On the legal effect of the completed sale, the court ruled that the applicant’s rights over the property had been extinguished.

“In respect of that property, the applicant’s equity of redemption was extinguished upon the fall of the hammer,” the ruling read, adding that the remedy available at that stage lies in damages under Section 99 of the Land Act.

As a result, the court declined to grant any stay affecting the already transferred property, effectively clearing its auction and transfer from being reversed.

The judge noted the applicant’s broader request to preserve the suit properties during the appeal process, but held that such protection could not extend to a transaction already completed and lawfully perfected.

📰 Source: Capital FM Kenya