The court battle between Jubilee Secretary-General (SG) Raphael Tuju's firm, Dari Limited, and East Africa Development Bank took a new twist after the SG asked the judge handling the dispute to withdraw.
The bank wants Tuju's three children, who are directors at the firm, to facilitate repayment of a Sh1.6 billion loan Dari - a hospitality establishment - owes it.
Tuju, however, informed Justice Mary Kasango that she can no longer hear the case as he (Tuju) had filed a petition before the Judicial Service Commission (JSC) to kick her out from holding office.
“The petition is premised on the manner in which the judge (Kasango) has handled this matter,” Tuju said.
Justice Kasango is the head of the commercial court in Milimani.
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If she withdraws, then the case has to be allocated to a judge outside that division as all other judges have recused themselves from hearing the case.
During the mention yesterday, Tuju and his children Mano, Alma and Yma were to explain why they should not be fined and jailed for failing to obey previous court order.
The bank accused the trio of failing to allow receivers Muniu Thoithi and George Waweru from accessing or running Dari in order to recover the Sh1.6 billion loan.
On March 23, Kasango ordered that Dari directors should allow Thoithi and Waweru to take over the hotel and provide the receivers with its statements of affairs, financial returns, company records and cashbooks from December 23, last year.
The case will be heard on Monday.