According to him, the lawyers prepared for the hearing and reported to court early, only to learn that the case had vanished from the list.
“This matter was supposed to be heard at 9 a.m. We had official communication from the judiciary confirming the hearing,” Mabachi said outside the courtroom.
“But when we arrived, the registry officials told us it was not in the cause list. They said they would notify us later, yet my client is dealing with very urgent issues.”
The unexpected turn of events has raised questions about what may have happened to the application and when it will now be heard.
For Tuju, the situation adds more uncertainty to an already complicated legal battle that has been going on for several years.
The application before the appellate court is part of Tuju’s attempt to challenge a recent decision made by the High Court of Kenya.
In that ruling, Justice Joyce Mongare allowed enforcement actions against the former minister, a move that opened the door for auctioneers to proceed with the eviction from his property.
Tuju is now seeking permission from the Court of Appeal to file an appeal against that decision.
His legal team hopes that the appellate court will intervene and review the High Court ruling before any further action is taken against him.
At the center of the dispute is a long-running financial disagreement between Tuju and the East African Development Bank.
The bank claims that Tuju owes a multi-billion-shilling debt linked to loans taken by a company associated with him.
The debt is reportedly tied to several properties that were used as security for the loans.
Over the years, the matter has moved through different courts as both sides continue to argue their positions.
The bank has been pushing for enforcement measures to recover the money it says is owed, while Tuju has maintained that the process has been unfair and has sought legal relief to stop the actions.