The legal dispute between Raphael Tuju and the East African Development Bank (EADB) remains unresolved, raising concerns about jurisdiction, national sovereignty, and the authority of the Kenyan Constitution.
Why the Case Was Heard in London
The matter was taken to a court in England due to a jurisdiction clause in the loan agreement. EADB, as a regional financial institution, prefers English law for “certainty.”
However, legal experts note that contractual clauses cannot override the Kenyan Constitution, which is the supreme law of the country.
Concerns Over Sovereignty
Critics argue that it is inappropriate for an institution operating in Kenya—and using Kenyan resources—to bypass local courts in favor of London. Such actions, they claim, undermine national sovereignty and the 2010 Constitution.
No contract can negate constitutional guarantees or the Bill of Rights within Kenya.
Not Arbitration, But a Court Decision
Contrary to some claims circulating online, the case was not private arbitration. It was heard in the High Court of Justice, Business and Property Courts of England and Wales (Case No: LM-2019-000100), where Mr Justice Toledano issued a summary judgment.
A summary judgment means the decision was made solely based on submitted documents, without a full trial. Tuju was not cross-examined, and his claims regarding EADB’s alleged contractual breaches were not fully tested. The ruling simply determined that he owed the bank payment.
The Constitution of Kenya Remains Supreme
Observers stress that Kenyan law remains the ultimate authority:
Article 50(1): Guarantees a fair and public hearing, including the right to cross-examination.
Article 10(2)(b): Upholds national values, including equity and social justice.
Article 37: Protects citizens’ rights to assemble, demonstrate, and petition when state organs fail.
A Call to Defend the Constitution
Legal educator Faith Mirunde Hakala urges Kenyans to uphold constitutional authority:
“The property cannot be taken in violation of the Constitution. Stand firm. Stand with the Constitution or stand with corruption—choose your side.”
The Tuju-EADB case underscores the tension between international financial contracts and domestic legal authority, highlighting the need for Kenya’s Constitution to remain the ultimate arbiter in matters affecting national interests.
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