"We Are All Broke and in Debts So is the Gov't " Nelson Havi Reacts to Tuju's Saga With This Message

Senior Counsel Nelson Havi has weighed in on the ongoing debt dispute involving former Cabinet Secretary Raphael Tuju, delivering a sharp critique that extends beyond the individual case to broader economic realities in Kenya.

In a widely shared post on X, Havi stated that the core issue is not whether Tuju and his companies are in debt or default, as everyone faces similar challenges. 

He pointed out that even the Government of Kenya is heavily indebted and has admitted to being in default on multiple occasions.

Havi questioned the logic of deploying goons to enforce recoveries in such circumstances, asking if the same approach should apply to government offices or any entity in debt, especially when actions rely on allegedly corruptly obtained orders.

The remarks come amid reports of a tense standoff at Tuju's Karen property, where groups described as goons attempted to seize control following a court ruling linked to a multi-billion-shilling loan from the East African Development Bank.

The debt, originally around $9.3 million taken in 2015 for a hospitality project, has grown significantly with interest and charges, leading to efforts to auction prime assets. Tuju has vowed to resist eviction, while securing temporary court relief to appeal the decisions.

Havi emphasized a deeper concern: alleged corruption in the underlying arbitration award from England and subsequent Kenyan court rulings. He argued that judgments procured through corruption, fraud, or forgery are null and void under basic legal principles.

He highlighted uncontested claims of misconduct involving an arbitrator, a party, and advocates, including document forgery and bribe solicitation tied to judicial figures.

By declaring "we are all broke" himself, others, and the government Havi framed the saga as symptomatic of a collapsed economy where selective enforcement ignores widespread financial strain. 

He challenged the narrative that this is merely a defaulter evading payment, insisting the real problem lies in systemic judicial corruption that undermines fair debt recovery.

The post has sparked discussions on debt enforcement practices, the role of goons in disputes, and the need for transparent, lawful processes in high-stakes cases. 

As Kenya grapples with rising public and private debts, Havi's message underscores calls for accountability to prevent abuse of legal mechanisms.