Court bars auctioneer, Knight Frank, EADB from auctioning Ex-CS Raphael Tuju’s hotels

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Former Cabinet Secretary Raphael Tuju (R) and lawyer Paul Nyamodi at Milimani Law Courts at a past date. PHOTO/Suek.

The high court has issued orders prohibiting auctioneers from selling former Cabinet Secretary Raphael Tuju’s Hotels.

Justice Josephine Mongare prohibited Garam Investment Auctioneers, Knight Frank Valuers Limited and East African Development Bank (EADB) from transferring or selling by way of public auction Entim Sidai Wellness Sanctuary, Tamarind and Dari Business Park all located in Karen.

Tuju wants wants to block the sale of his properties over a debt  owned to EADB.

The applicant want the court to declare that the purported valuations of L.R No. 11320/3 and L.R No. 1055/165 prepared by Knight Frank Valuers Ltd on the instructions of EADB are illegal, null and void, offend Section 97(2) of the Land Act and cannot be utilized for purposes of exercising any purported power of sale by the lender in respect of the properties.

He also wants the court to declare that the notifications of sale by public auction served upon him and Dari Ltd dated 24th July, 2024 are illegal, null and void and therefore incapable of enforcement.

Tuju further wants a permanent injunction restraining the respondents, their workers, agents or anyone acting on their behalf from advertising, attaching, selling, alienating, transferring or in any other way interfering with his ownership of all the properties.

The former MP argues that Garam Investment Auctioneers unlawfully issued notifications of sale on the basis of valuations prepared by Knight Frank dated 15th July 2024 and has subsequently advertised to dispose of the property.

“The 2nd respondent (EADB) is pursuing the above-mentioned sale and/or transfer by auction on the basis of the above mentioned valuations prepared by the 1st respondent (Knight Frank) despite status quo orders being in place at the time,” Tuju claims.