The legal battle between Raphael Tuju and the East African Development Bank (EADB) is far from over. Recent developments have sparked widespread debate about jurisdiction, sovereignty, and the Kenyan Constitution.
Why the Case Was Heard in London
The case was not arbitrarily sent to England; it was due to a jurisdiction clause in the loan agreement. EADB, as a regional financial institution, often insists on English law for “certainty.”
However, contractual clauses cannot supersede the Constitution of Kenya, which remains the supreme law of the land.
Sovereignty Under Threat
Critics argue that it is unacceptable for an institution operating within Kenya—profiting from Kenyan resources—to bypass local courts and seek judgment in London. Such practices undermine Kenya’s sovereignty and the supremacy of its 2010 Constitution.
No contract can override the Bill of Rights or other constitutional guarantees within Kenyan territory.
Not Arbitration, but a Public Court Decision
Contrary to some social media claims, the matter was not private arbitration.
The case was heard in the High Court of Justice, Business and Property Courts of England and Wales (Case No: LM-2019-000100), with Mr Justice Toledano issuing a summary judgment.
A summary judgment means the decision was based solely on submitted documents, without a full trial. Raphael Tuju was not cross-examined, and his claims of EADB’s contractual breaches were not fully tested. The judgment simply held: “You owe, you didn’t pay; pay.”
The Constitution of Kenya Remains the Supreme Filter
Calls to accept the London ruling overlook Kenyan law. Under the Constitution:
Article 50(1): Guarantees a fair and public hearing. Decisions ignoring cross-examination and merits violate this right.
Article 10(2)(b): Mandates national values, including social justice and equity.
Article 37: Protects citizens’ rights to assemble, demonstrate, and petition when state organs fail to uphold their mandate.
A Call to Uphold the Rule of Law
Kenyan citizens are urged to choose between supporting impunity or defending the Constitution. Legal educator Faith Mirunde Hakala emphasizes:
“The property cannot be taken in violation of the Constitution. We stand firm. Stand with the Constitution or stand with corruption—choose your side.”
The Tuju-EADB case highlights the ongoing tension between international financial contracts and domestic legal sovereignty, reminding Kenyans that the Constitution must remain the ultimate authority in disputes affecting national interests.
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