Former Cabinet Secretary Raphael Tuju faced another setback as the Supreme Court dismissed his plea to present extra evidence in his battle against the seizure of a Sh3.5 billion Karen property by a regional lender.

A panel of five judges led by Deputy Chief Justice Philomena Mwilu rejected Tuju’s request for additional evidence, deeming it an afterthought aimed at plugging gaps in his case.

Tuju, represented by senior counsel Paul Muite, argued that the court had struck out the additional evidence last month, responding to a biased narrative presented by the East African Development Bank’s official regarding the history of engagements between the parties.

The court stated, “The petitioners seek to reintroduce the contents of the affidavits that were otherwise struck out. This is akin to ingeniously seeking to discreetly review our ruling.”

This rejection followed Tuju’s unsuccessful attempt a few weeks ago to block two receiver managers appointed by the regional bank, with the court emphasizing EADB’s credibility to compensate him if his appeal succeeded.

The regional lender had appointed George Weru and Muniu Thoithi of PricewaterhouseCoopers (PwC) as receiver managers for the 20-acre property and the high-end hotel, Dari, currently managed by Tamarind.

In the latest application, Tuju argued that his rejoinder, filed in June, was struck out due to procedural issues. Muite clarified that the striking out aimed at ensuring procedural compliance and was not intended as a punitive measure.

Tuju’s appeal questions the recognition and enforcement of foreign judgments in Kenya, raising concerns about whether such recognition subordinates Kenyan law to English law.