Former Rarieda MP Raphael Tuju and his three children are facing possible civil jail after being found guilty of contempt of court in their dispute with the East African Development Bank (EADB).
The Daily Nation was the first to report that Presiding Judge of the Commercial Court, Mary Kasango found Mr Tuju and his children Yma Tuju, Alma Tuju and Mano Tuju guilty of contempt for refusing to allow the appointed receiver managers access to the premises of Dari Ltd, their company, over a Sh1.6 billion loan dispute.
“This matter coming up for hearing of the application dated March 19, 2020, and upon delivery of ruling dated and signed July 30, 2020, it is hereby ordered that Raphael Tuju, Yma Tuju, Alma Tuju and Mano Tuju are guilty of contempt of this court orders of 2nd and 13th March, 2020,” the court stated.
They will now be required appear before the judge in person on September 21 “to show cause why they should not be committed to civil jail for that contempt.”
The court also directed Mr Tuju to meet the costs of the suit.
The dispute between the Tujus and EADB has been contentious as the Jubilee spokesman seeks to stop the bank from taking over and liquidating his company over the disputed bank loan. His children are also directors of the company.
Justice Kasango in March directed that the directors to “immediately grant the receivers full, complete and effective access” to Dari Ltd’s premises at Entim Sidai. They were also to give the company’s statement of affair, financial returns, and company records and cash book.
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Before that, a similar order by Justice Grace Nzioka of the Commercial Court had also directed that the receivers “forthwith resume their duties at the 1st plaintiff’s (Dari) premises but shall not dispose of the assets put under the debenture pending the hearing and determination of this matter.”
But the EADB accused Dari’s directors of preventing their appointed receiver managers, George Weru and Muniu Thoithi from PwC, from accessing the premises. The bank then filed contempt proceedings against the directors but, again, Mr Tuju protested having the matter heard by Justice Nzioka. The judge eventually recused herself but not before accusing Tuju of treating the court with “little respect”
