Jubilee Party Secretary-General Raphael Tuju wants the judge handling his case detailing Sh1.6 billion property sacked.
In a petition to the Judicial Service Commission (JSC), Tuju has called for the sacking of High Court Judge Mary Kasango over the case against East African Development Bank (EADB).
For instance, represented by his lawyers Paul Muite and Paul Nyamodi, the SG accused the judge of bias.
“The judge seems to have somehow acquired a personal stake in the matter and is determined to ensure that we do not have our day in court. Throughout the proceedings in this matter, the judge has exhibited favoritism towards EADB and bias against Dari Ltd and its directors. This is evidence from the judge’s failure to act judiciously in matters that prejudice Dari Ltd and its directors,” he explained,” he argued.
The details of Tuju’s case vs EADB started when he wanted to buy a 20-acre property in Karen owned by Mr Peter Paterson, a son of a former settler to expand his business empire. The project (Tree Lane property) required close to Sh1 billion, which Tuju could not provide.
The property had been valued at Sh1.3 billion by Knight Frank, but the owner was asking for Sh930 million.
Apparently, Tuju was looking for a financier, when the East African Development Bank (EADB) approached him with a ‘good’ offer.
Unknown to Tuju, the offer turned out to be the beginning of his troubles since EADB enjoys absolute immunity from judicial proceedings in relation to disputes arising from the exercise of its lending power.
Nation reported that EADB enjoys immunity from every form of legal process as per Article 44 (1) of the Charter of the East African Development Bank annexed to the Treaty for East African Co-operation of 1967 and as amended on July 23, 1980 and set out in the Schedule to the East African Development Bank Act, Cap 493.
Earlier in July, Tuju was forced to deposit Sh50 million in court in a bid to stop auctioneers from seizing his property in Karen over a Sh1.6 billion loan dispute.
This was after the Court of Appeal had ordered Tuju to deposit the money within 30 days to stop the East African Development Bank from auctioning his assets.