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Raphael Tuju, bank faceoff in court over Sh1.5 billion defaulted loan




The East Africa Development Bank (EADB) is contesting the plan of Jubilee Party Secretary-General Raphael Tuju to avoid paying back a KSh1.5 billion loan.

Tuju, filed a petition at the high court challenging an earlier ruling that was compelling him to pay the loan. In an affidavit presented by the bank’s lawyer Lynne Wells, argues the issues presented in Tuju’s application do not have the supporting merits and that they were not brought forward in the previous hearings.

Tuju took a loan through his company Dari Limited in 2015. The company stopped paying the loan, which forced the bank to take the arbitration to London as per the contract terms between the parties.

The lender won in the arbitration, but Tuju appealed the judgment with the London Court of appeal judge who dismissed the appeal. 

The bank filed the case with the Kenyan courts, where it was adopted as per Foreign Judgments (Reciprocal Enforcement) Act.

Tuju sought for the judgment to be dismissed on the grounds that the rules of natural justice were not followed in London and that he did not get a fair hearing. 

But, EADB says Kenya’s High Court does not have the jurisdiction to consider Tuju’s application since the case was decided by an English court.

“I am advised by the bank’s advocates, which advice I believe to be accurate, that the rights, obligation, duties, benefits, and sanctions in the Facility Agreement and Guarantee and Indemnity were private and made between private persons and entities.”

“The obligation to pay the loan facility through the enforcement of the English court judgment and order, therefore, does not involve the public, and no evidence has been demonstrated by Mr. Tuju that the execution will have any impact on interest, rights and/or liabilities of any members of the public,” said Ms. Wells in an affidavit.

The case will be mentioned on Tuesday, January 28th.

READ ALSO:   Tuju undergoes surgery at Kijabe Mission Hospital following road accident
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Property dispute splits family two decades after inheritance



More than two decades since a family land dispute in Meru -pitting a father, his son and other family members- was resolved, another property dispute has erupted within the same family.

The row has split the family and the younger members are in fear of being disinherited.

At the centre of the first dispute were Josiah M’Turuchiu (now deceased), his wife Charity Karea and his son Peter Kinga (67), who still lives on a seven-acre piece of land at Mbaaria, Buuri.

Turuchiu invited elders from the Oromo in North Imenti and Kinyenjere clans to his home on May 8, 1999 to help resolve the land dispute with his son, Kinga.

Another point of discussion was Charity Karea, Turuchiu’s estranged wife who used to live in a rented house in Isiolo County. The clans listened to all present, including Gerrard Gitonga, assistant chief of Kiirua-Nkando location.

Turuchiu wanted the clans to support his plans to evict Kinga from where he (Kinga) had built his house, and relocate him to a marshy area the elders thought was unsuitable for any building.

The elders also heard that Turuchiu had also evicted Lucy Mukami, his widowed daughter-in-law.

The clans resolved that Kinga should stay on the seven acres where he had built his house because he had developed it.

READ ALSO:   Raphael Tuju returns from UK

The clan decreed that land parcel No 48 (10 acres) should be shared between Charity Karea (Turuchiu’s wife) and Lucy Mukami.

The elders said Turuchiu should continue cultivating the rest of the land, measuring nine acres. The clan asked Charity to go back home under the clan’s care.

Turuchiu and his wife have since died, leaving behind a divided family who are now feuding over the land and some fear they could be disinherited.

The area under dispute is a different parcel measuring over 10 acres, and contested by M’Turuchiu’s children and grandchildren. Kinga and a section of the family is pitted against his sister Esther Mwendwa, who is also backed by other family members.

Locals were treated to drama after a section of the family invaded the land, leading to a violent confrontation.

Among them is Agnes Mukuba, who, according to a Will written by her grandmother Charity, should alongside her sisters get a share of a two-acre parcel.

“The land does not have a title deed. “We are appealing to the government to help us and ensure the sub-division is done legally,” Mukuba said.


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‘I will bury father when my siblings respect me’



The eldest son of the late top police officer, Timothy Mwandi Muumbo, now says he is ready to agree to the burial of his father as so long as his rival siblings begin to respect and listen to him.

Mwinzi Muumbo holds the key to the burial of the octogenarian who has been lying at Lee Funeral Home since 2015 when he died.

On August 6, 2018, Justice M Muigai of the High Court’s family division gave Mwinzi special responsibility of leading his quarrelsome family in burying their father in Nzatani, Mwingi, Kitui County, following a three-year dispute over the venue of his burial.

Mwinzi, alongside the children of Muumbo’s second wife, wanted him buried in Mbakani as per his own wishes.

However, Mwinzi’s siblings from the first wife – Johnstone Kassim Mwandi, Alex Munyasia Muumbo and Carolyn Kalunde Muumbo – insisted he had to be interred in Nzatani.

“The 1st born child of the deceased Mwinzi Muumbo, according to Akamba Customary Law, shall lead all the children of Timothy Mwandi Muumbo with patience, inclusivity and consensus and they, with respect to their eldest brother and now head of Muumbo family, to remove the body of the deceased, facilitate settlement of the outstanding mortuary fees with family, clan, well wishers, and identify the place where the deceased shall be buried in Mwingi/Nzeluni/318,” the judge ruled.

READ ALSO:   Tuju undergoes surgery at Kijabe Mission Hospital following road accident

She also said Mwinzi shall work “jointly and closely” with his brothers Kassim, Munyasia and Billy Mbuvi. The team would also include a clan member, Alphonce Mutwayo Musyimi and their uncle Wilfred Mwinzi Mbuvi.

“All Muumbo family shall/may participate and attend the funeral.”

Harping onto these provisions, Mwinzi stopped last weekend’s burial, saying he neither led them to Lee nor was he involved in the planning. He said he had long conceded on burying his father in Nzatani but that he must be involved in accordance with the court ruling.

“I will allow my father to be buried when we have all agreed on it. They should listen to what I am telling them since I am their elder brother, not the other way round. They should not dictate what I should do,” he told The Standard.

He said they ought to plan the burial together, including the collection of the body. He said there is no point in making their dad to stay in the mortuary any longer, but complained the other side had caused it.

“They have destroyed my father’s reputation with lies,” said Mwinzi.

He also claimed that the other side never wants to see him but he would give it another shot.

READ ALSO:   CS Tuju: I wore my first underwear at Starehe Boys

“I want to try and reach out to them again and see if they will respond. We have to all agree on the date. I can’t decide it on my own, as long as we agree and do things the right way, and they should be respectful about it,” he said.

Mwinzi’s lawyer Ann Githogori said his three siblings from the first wife had long abandoned their father by the time he died, and lost the absolute right to bury him.

They had also taken him to court and accused him of spiting them with intent of destroying them.

In turn, according to court documents, their father said they stood “cursed in the eyes of this world effective the date of this communication… you are no longer my children and I have rejected you and barred you both in total to enter or occupy any of my property, including any business premises and farms anywhere in Kenya Republic”.

The three siblings have however contested all this, and denied the allegations. In the burial flyer that was prepared for last week’s event, Kassim, Munyasia, Caroline and three other siblings from the first family wrote that they were proud of their father.


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My wife tricked me into marriage, claims former MP



Lamu politician Rishad Amana has told an Islamic court that his estranged wife Lily Suleiman tricked him into marrying her while she was still married to a German. While appearing yesterday at the Kadhi court in Mombasa, Mr Amana asked the judge to find Lily guilty of bigamy, and to declare the marriage null and void under Islamic law.
He has also accused her of physically abusing him, wearing indecent clothes and ignoring obligatory Muslim prayers. Lily on the other hand, has petitioned the court to rule that the marriage was legal and that she and Amana lived together as husband and wife.
She, however, claims the marriage has irretrievably broken down and it should be nullified. She blames Amana for the breakdown.  According to court documents seen by The Standard, the two married under Sharia law on March 3, 2015.
In Kenya, the Kadhi court arbitrates on matters regarding Muslim personal law. That is where both parties profess Islam.  Although Amana admits to having lived with Lily, he has asked the court to declare the union not valid under Islamic law.
He insists that Lily tricked him into the marriage while still legally married to a German man – a Mr Burk – under German Civil law. Amana claims Lily tried to hide her marriage to Burk when they solemnised their own union in 2015. He insists that the fact she was still married to someone else, any subsequent marriage was illegal and a fraud.
“All the while she was married to one Mr Burk, a German, under the German civil law. She had never filed for divorce from him,” Amana said in an affidavit.
Childless marriage
Lily, in her own affidavit, has accused Amana of cruelty, neglect, verbal abuse and desertion. She also admits that their union did not result in children. She has also asserted that the politician did not pay the agreed dowry of Sh200,000.
“The petitioner (Lily) is now praying that the court intervenes and releases her from the marriage..” said Lily in the affidavit. She claims in the same affidavit that in February this year, Amana abandoned her completely and went on to take hold of her two vehicles, gold ornaments, Sh10 million in cash and shares in three companies.
She claims that after Amana allegedly vanished from their Nairobi and Mombasa homes, she tracked him in Malindi where he was living with another woman.
According to accusations filed by Lilly, Amana broke Islamic law by abandoning and failing to take care of her.
“He neglected his marital/family responsibilities by failing to provide regular and adequate upkeep maintenance, food, rental, medications, clothing utility bills, to his wife (myself) as required of a responsible, married Muslim husband, thereby causing me to struggle harder in my business to cater for myself,” Lily asserts.
But Amana has denied in a replying affidavit the claims of neglect, abuse and adultery as alleged by Lily. He has argued that the nature of his job requires he travels widely. He said he is a property agent tasked with safeguarding the properties of his clients.

READ ALSO:   Tuju deposits KSh 50 million to stop auction of multi-million Karen property
Lamu politician Rishad Amana.

Amana said he reported a case to Kileleshwa Police Station under OB number 37/28/09/2017 that has detailed how Lily physically abused him. He said the alleged abuse would escalate to a point where he would have to leave his house and sleep in a hotel.

Holding properties
Lily has countered Amana’s accusations claiming that he is controlling. “He is in control of her personal properties and shares against her will,” reads her affidavit.
“Despite all efforts made by the plaintiff for an amicable out-of-court settlement, the defendant has proved to be uncooperative.”
Amana alleges that Lily broke into his business premises and stole business documents, a case which was reported in Parklands police station under OB number 46 02/04/2020. He denies holding onto any properties owned by Lily.


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