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Tuju Files Petition for Removal of Judge Handling His Sh1.6 Billion Debt Case

John Wanjohi Sep 22, 2020

Jubilee Party secretary-general Raphael Tuju has filed a petition for the removal of the judge handling an Sh1.6 billion debt case between his company Dari Limited and East Africa Development Bank (EADB).

Tuju through a petition filed before the Judicial Service Commission (JSC) wants Justice Mary Kasango of the Commercial Court removed from office on the grounds of biasness.

He claims that Justice Kasango has continually shown favoritism towards EADB, adding that she appears to have acquired a personal stake in the matter which may end up prejudicing Dari Ltd and its directors.

Through lawyers Paul Muite and Paul Nyamodi, Tuju further questions the speed with which the judge heard an application seeking to find him and his three children in contempt of court.

“This is indicative of bias against Dari Ltd and the directors,” the petition reads in part.

Tuju also accuses the judge of allowing receiver managers to access his company without giving him and his three daughters an opportunity to reply to the application filed by EADB. He wants judge Kasango removed from office under Article 168 of the Constitution.

But EADB through lawyer Tom Ojiambo dismissed Tuju's petition, saying it amounts to intimidation. The bank wants the judge to continue hearing its application to have Tuju and daughters Yma, Alma and Mano punished for defying a court order.

The court placed Dari Limited under receivership over the huge debt but Tuju moved to Appeals Court where he obtained an order stopping any plans to seize his property.

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