“Nyong’o Blasts Police Role in Tuju Debt Saga, Warns Kenya Sliding into ‘Rule of Law Crisis
By Jeff Kizzilah
Kisumu Governor Anyang’ Nyong’o has raised sharp concerns over the conduct of state institutions in the ongoing loan dispute involving former Cabinet Secretary Raphael Tuju, warning that recent developments risk undermining the rule of law in Kenya.
In a strongly worded statement, Nyong’o said the country has spent decades building a democratic system designed to protect civil liberties and the rights of citizens, cautioning that actions by institutions meant to safeguard those freedoms could erode the very foundations of the Constitution.
“The recent events surrounding the handling of Hon. Raphael Tuju’s loan dispute and commercial affairs raise serious questions about the conduct of institutions entrusted with upholding the rule of law,” Nyong’o said.
The governor criticised what he described as the involvement of uniformed police officers in a matter that he believes should strictly remain within the domain of civil law. According to Nyong’o, commercial disputes and debt recovery processes must be handled transparently through established legal channels rather than through what he termed coercive displays of state power.
He argued that the reported deployment of police officers in the dispute appeared to bypass due legal procedures.
“The use of uniformed police officers whose primary duty is to maintain law and order to facilitate actions that seemingly bypass established legal processes is troubling,” he said.
Nyong’o also questioned reports of night-time operations linked to the dispute, warning that such actions risk creating public suspicion about whether due process is being followed.
He further maintained that Tuju, despite the ongoing legal battle, should not face treatment that could subject him to humiliation or public embarrassment.
“Whatever the merits of the commercial dispute at hand, he is neither a fugitive nor a criminal deserving of treatment that subjects him to humiliation,” Nyong’o stated.
The governor urged public officials and institutions to exercise restraint and adhere strictly to due process, noting that Kenya’s global reputation and investor confidence depend on the consistent application of the rule of law.
“Every Kenyan, regardless of status, creed or political inclination, deserves fair and just treatment under the law,” he added.
Nyong’o’s remarks follow claims by Tuju that more than 50 police officers raided his Karen property in the early hours of Saturday, escalating a long-running financial dispute with the East African Development Bank.
In a video statement, Tuju alleged that officers arrived at his Dari Business Park in Karen at around 3 a.m. in several vehicles — some unmarked — and ordered everyone within the compound to leave, including staff operating a restaurant inside the complex.
“The orders have come from so high that they are simply taking care of their jobs. They are simply obeying orders,” Tuju said.
He further claimed the officers did not present a court order authorising the operation.
“The police who kicked us out together with my guards have no court order. And even if they had one, the law does not allow them to come and evict me from my premises at 3am. This is not law,” Tuju added.
The dispute dates back to a 2015 loan issued to Tuju’s company, Dari Limited. In 2019, the High Court of Justice ordered repayment of Sh2.2 billion, a decision that was later recognised and enforced by Kenyan courts. Both the Court of Appeal of Kenya and the Supreme Court of Kenya upheld enforcement of the ruling.
Two Karen properties — including the Entim Sidai Wellness Sanctuary and the Tamarind Karen restaurant located at Dari Business Park — have since become central to recovery efforts tied to the debt.
Recently, Justice Josephine Mongare dismissed Tuju’s attempt to reopen the case, ruling that the application amounted to a blatant abuse of the court process aimed at frustrating lawful recovery after years of litigation.
Despite the legal setback, Tuju insists he will continue pursuing all available legal avenues and expects the matter to return to the Court of Appeal. He has also urged Kenyans facing similar disputes to remain firm and fight for their rights through the courts.
