The Judiciary has responded to Raphael Tuju’s recent onslaught that cast aspersions on the conduct of the Supreme Court of Kenya judges.

In a press statement dated Thursday, 27th March 2025, Paul Ndemo, the judiciary spokesperson, sought to set the record straight regarding the litigation involving Dari Limited and the East African Development Bank (EADB).

The lawsuit formed part of Tuju’s recent scathing attack on the judiciary via an open letter to CJ Martha Koome on Friday, March 21, 2025.

In a rejoinder, the Judiciary has detailed a series of the legal battles that panned out between the two entities, including its engagement and subsequent recusal in the case.

Legal battle

The matter started in 2019 when Dari Limited was ordered by a UK court to pay money to the EADB. Dari Limited later appealed the decision to the high court before escalating it to the Supreme Court of Kenya.

However, in a strange turn of events, the company lodged a complaint with the Judicial Service Commission (JSC), alleging bias on the part of the SCOK bench, prompting the SCOK to recuse itself from hearing the appeal.

“The matter between Dari Limited and the East African Development Bank (EADB) has been the subject of litigation in multiple courts and jurisdictions. EADB initially instituted proceedings in the High Court of Justice, Business and Property Courts of England and Wales. On 19 June 2019, the UK court delivered a judgment in favour of EADB, ordering Dari Limited and its guarantors to pay money claimed by the EADB,” the statement read.

“On 20 April 2023, the Court of Appeal dismissed the appeal, upholding the High Court’s rulings. Thereafter, Dari Limited filed an appeal before the Supreme Court of Kenya, seeking to challenge the decisions of the lower courts with respect to the adoption of the UK judgment.

“During the pendency of the appeal at the Supreme Court, Dari Limited lodged a complaint with the Judicial Service Commission (JSC), alleging bias on the part of the bench hearing the matter. In light of the seriousness of the allegations, the bench of the Supreme Court recused itself from hearing the appeal. As a result, the judgment of the Court of Appeal remains in force,” the statement read.

The judiciary has stated that the SCoK’s involvement in the matter remained at that with the Court of Appeal’s decision to dismiss the Dari Limited appeal in 2023 remaining in effect.

Additionally, the Judiciary has faulted the ongoing trend of prosecuting a matter that is in court before the public and the media, urging the parties involved to desist from the practice.

“It is therefore clear that the matters between Dari Limited and EADB are actively before competent courts and the JSC. In accordance with the sub judice rule, which upholds the rule of law and the due administration of justice, these issues should be left for judicial determination and resolution by the JSC.

“We urge all parties to refrain from litigating their cases through the media or on social media platforms. We also call on the media to verify facts before reporting on such matters to avoid contributing to misinformation or disinformation,” the judiciary warned.

The judiciary’s response comes after Tuju launched a scathing attack on the apex court via an open letter addressed to Koome.

In his assertion, Tuju accused the judges of being biased and irresponsible when handling key cases, referencing the Dari Limited case among others.

The former lawmaker went ahead to accuse a section of the judges of engaging in public discussions on active cases before the High Court and the Judicial Service Commission (JSC).