Tuju had moved to court in 2024 asking for an injunction to prevent Garam Investment Auctioneers from selling several of his high-value properties located in Karen and along Ngong Road in Nairobi.
The properties are reportedly part of the assets targeted to recover a loan linked to the East African Development Bank.
In his application, Tuju argued that new evidence had emerged which he believed could change the outcome of the long-running debt dispute.
He asked the court to allow the case to be reopened and to temporarily stop the planned auction of the properties until the matter was fully reconsidered.
However, the High Court declined his request and struck out the application, meaning the process to recover the loan through the sale of the properties may continue.
The legal battle between Tuju and the lender has been ongoing for several years, with different courts handling various aspects of the dispute.
Previous rulings had already gone against the former Cabinet Secretary, including a decision from a court in London that supported the recovery process.
In addition, Tuju had earlier taken his appeal to the Supreme Court of Kenya in an effort to challenge earlier rulings related to the case. However, in 2023 the Supreme Court dismissed his appeal.
The bench that handled the matter included Justices Philomena Mwilu, Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu and William Ouko.
In their ruling, the judges said they were not convinced by Tuju’s argument that additional evidence should be introduced into the appeal.
“As a matter of course, the petitioners have not explained the relevance of this further witness statement in relation to their appeal,” the judges stated in their decision.
The additional evidence Tuju had referred to was a witness statement recorded with the Directorate of Criminal Investigations by David Washington Barnabas Ochieng on December 21, 2022.
Tuju had hoped the statement would support his position in the dispute and strengthen his claim that the case needed to be reconsidered.
However, the courts ruled that the evidence did not sufficiently justify reopening the matter.
With the High Court now striking out the latest application, the path appears clearer for the lenders to proceed with the recovery process, which includes the possible auctioning of the properties tied to the loan.