A Kenyan court has issued an arrest warrant for a senior official of a leading bank, following allegations of defamation and false information filed by former Cabinet Secretary Raphael Tuju. The Office of the Director of Public Prosecutions (ODPP) sought the warrant after the official was accused of providing misleading statements to investigative agencies, including the Directorate of Criminal Investigations (DCI), concerning property linked to Tuju and his family.
Allegations Against the Bank Official
In a statement released after the court ruling, Raphael Tuju revealed that the false claims extended beyond Kenyan courts to legal proceedings in the United Kingdom. The former CS further noted that the falsified information also implicated his children and their company, Dari Limited.
“This afternoon, a warrant of arrest has been issued for a senior official of (bank name withheld). The criminal charges against (name withheld) and the bank stem from lies that were peddled by the bank to the DCI against myself, my children, and our company Dari Limited. Some of the lies were also entrenched in the bank affidavits to the Supreme Court of Kenya and other courts in Kenya and the UK,” Tuju stated.
The former Jubilee Party Secretary-General added that the bank’s malicious reports were part of an orchestrated scheme aimed at criminalizing a civil matter and ultimately intimidating him and his family before unlawfully taking possession of their properties.
Legal Maneuvering to Block Arrest
Shortly after the warrant was issued, the bank’s senior legal counsel moved to court on Tuesday evening in an attempt to block the arrest of the implicated official. However, Tuju insisted that evidence presented in open court on multiple occasions clearly demonstrated that false testimony had been provided.
According to Tuju, on July 11, 12, and 31, 2024, during affidavit submissions in open court, a bank manager from the institution in question admitted under oath that a colleague had provided false testimony both in Kenyan courts and in the UK.
“The bank’s country manager even recanted the affidavit that was sworn against us on behalf of the bank before the Supreme Court of Kenya,” Tuju stated.
Supreme Court Controversy
Despite the revelations in lower courts, Tuju criticized the Supreme Court of Kenya (SCOK) for issuing rulings in favor of the bank based on statements that were later recanted. He lamented that his request for cross-examination of the bank official had been denied, raising questions about the integrity of the judicial process.
“Despite our pleas that the bank official be cross-examined, the Supreme Court mysteriously declined to take this important piece of evidence,” he said.
In a surprising turn of events, Tuju noted that after the truth emerged in a lower court, the entire bench of five Supreme Court judges recused themselves from the case. This unprecedented move has since become a subject of legal scrutiny, particularly in a case filed by lawyer Nelson Havi, who has sought the removal of Supreme Court judges on grounds that include their handling of the Dari Limited case.
“The recusal by the bench of five judges has no precedent in Commonwealth law and is also currently the subject of litigation in other forums,” Tuju remarked.
What Next?
With the arrest warrant in effect, it remains to be seen how law enforcement agencies will proceed. Meanwhile, the legal battle surrounding Tuju’s dispute with the bank, the alleged false testimony, and the Supreme Court’s conduct continue to raise major legal and political questions. The case has significant implications not only for Kenya’s banking sector but also for judicial integrity and corporate governance.
This developing story is expected to attract national and international attention, given its implications on due process, financial institutions, and the justice system.
