Senior Counsel Nelson Havi has sharply reframed the controversy surrounding former Cabinet Secretary Raphael Tuju, arguing that the core issue is corruption in the legal process rather than debt or default.
Havi’s statement, delivered on Friday, highlights alleged irregularities in arbitration awards and court judgments linked to Tuju’s business disputes.
Havi stated on social media that public debate has been misleading, focusing unduly on whether Tuju and his companies have defaulted on financial obligations.
“Everyone is in debt and default, including the Government of Kenya,” he said, emphasising that debt alone should not justify aggressive enforcement actions.
He questioned whether authorities would pursue “goons to government offices” if debt were the sole criterion.
Tuju has faced mounting legal and financial pressures in recent months.
Reports indicate that some of his companies are embroiled in complex cross-border litigation, including arbitration awards in England, which have been challenged by creditors.
While media narratives portray him as a major defaulter, Havi argued that such depictions ignore wider systemic issues and potential corruption underlying the legal proceedings.
“The issue is the corruption belying the arbitration award in England and the decisions of Kenyan courts, alleged to have been corruptly procured,” Havi said.
He stressed that in law, any award or judgment secured through corruption is null and void, citing past precedents where bank securities were exempted from auction due to fraud or unconscionable conduct
Havi outlined several allegations of impropriety, including claims of improper ties between one arbitrator and a party represented in the matter, and alleged forgery by a Senior Counsel from an international law firm.
He also referenced an arrest involving a man soliciting a bribe, who claimed to have a child with a judge involved in Tuju’s case, describing this as indicative of “egregious” corruption within the judiciary.