Lawyer Steve Ogolla has weighed in on the ongoing legal battle facing former Cabinet Secretary Raphael Tuju, urging a pragmatic legal strategy rather than political rhetoric as the dispute over a multi-billion-shilling loan continues to unfold.
Tuju has been locked in a long-running court fight with the East African Development Bank over a loan taken through his company, Dari Limited, for the development of properties in the Karen area of Nairobi.
Courts have in recent months allowed the lender to pursue recovery of the debt, including the potential auction of prime properties used as collateral.
Commenting on the issue, Ogolla cautioned that political messaging would not resolve the matter, arguing that the dispute requires a carefully structured legal approach before the courts.
“Ethnic sloganeering and populist politics will not be helpful to Waziri Tuju,” Ogolla said.
Instead, the lawyer advised that Tuju’s legal team should pursue a procedural route through the High Court of Kenya to halt the execution process tied to the debt recovery.
According to Ogolla, the most effective move would be to present fresh evidence showing proof of payments made toward the disputed loan.
“A pragmatic intervention would be to attach proof of payment in a further Application to the High Court to arrest execution, and plead EQUITABLE EXCEPTION to readmit an otherwise finalised matter,” he stated.
Legal analysts say the concept of an equitable exception allows a court to reconsider a matter that has already been concluded if compelling new evidence or circumstances are presented.
Tuju’s legal troubles stem from a loan facility initially obtained in 2015 to finance hospitality and real estate projects in Karen. After disputes emerged over repayment terms and project funding, the lender moved to enforce recovery through the courts.
An earlier judgment issued abroad and later recognized in Kenya ordered the repayment of a significantly larger amount after interest and penalties.
The decision paved the way for enforcement actions against properties linked to the former Cabinet minister.
The dispute has attracted national attention due to Tuju’s prominence in Kenyan politics and his previous role in government.
While Tuju has previously challenged the lender’s claims and raised concerns about the handling of the case, courts have largely upheld the bank’s right to pursue recovery of the debt.
Ogolla’s remarks now add a legal perspective to the debate, emphasizing that the matter is best resolved through documented evidence and targeted court applications rather than political mobilisation.
The case remains active, with legal options still available as the parties continue to contest the outcome in Kenyan courts.