The High Court has allowed former Cabinet Secretary Raphael Tuju to cross-examine an official of the East African Development Bank (EADB) over a disputed loan he took from the regional lender.
In a win for Mr Tuju, Justice Alfred Mabeya allowed his application to question EADB’s David Odongo over a statement Mr Odongo recorded with the Directorate of Criminal Investigations (DCI) in December last year regarding the loan.
Justice Mabeya ruled that the lender would not be prejudiced if the order was granted and that it was proper for the truth to be established.
“It will be a travesty of justice if parties would be allowed to make statements on oath lightly. Court proceedings are solemn moments and a court of law should not countenance falsehoods. If that were to be allowed, the administration of justice would be in jeopardy,” the judge said.
The judge, however, declined the application to also question the DCI officer who recorded the statement, saying, he was not a party in the case.
Mr Tuju said he and his children were summoned by the DCI last year over the loan and recorded their statements.
The officials of the bank were also summoned and Mr Tuju learnt that the statement made by Mr Odongo contradicted what the EABD had been stating and supported his case on the nature of the $9.3 million loan as well as the history of the engagement between the parties.
Mr Tuju said Mr Odongo confirmed that the project as envisaged in the agreement was two-phased in nature and comprised the acquisition of the Tree Lane property and the construction and sale of the housing units in order to repay the loan.
Mr Odong’s statement allegedly confirmed that the project was viable as it was sitting on a 20-acre parcel of land and Mr Tuju would have developed about 20 villas, rehabilitated the existing structures, and that the development of the villas was the key component of the project to enable Dari Limited to pay the loan.
