It’s Not about Rahael Tuju, it’s about our future. Gentility, gentleness or gentlemanliness is not a currency or hedge against a bank loan.

I have been accused of being “too invested” in the Tuju vs. EADB case. Some people have described me as a political blogger.

Excuse you!

I’ve never been a blogger – leave alone a political one. I’m a simple Kenyan citizen with my kindergarten degree who is very opinionated when it comes to politics. You all know I preferred Raila Amollo’s political direction of social democracy.

Some have said because Tuju is Luo and I’m Luo, I’m being tribal. Let me correct that: the only Tuju I was ever invested in was the guy who owned Ace Communications. When I was young, I saw him –eloquent, dark, tall and handsome – touring and speaking a lot of sense. He was a journalist attracted attention and administration for his work that included TV and radio news anchoring, reporting and editing. He was peerless. That is the Tuju I was invested in.

He got into politics, joined PNU, and I definitely rolled off. So this is not about Tuju; this is about our country, our judiciary and the future of our children. It is about our soul as a nation.

Tuju’s mistake I must call out

Raphael Tuju, I must call you out on your biggest mistake. You imagined that everybody is a gentleman. Especially, when it comes to finances and financial institutions. You went into this deal thinking that the East African Development Bank (EABD) is a group of gentlemen who want to do business with you. Being gentle can only be a social and emotional capital, not collateral for credit.

You accepted a contract to be ruled by London Common Law because you imagined the guys in London are gentlemen. You handled everything with a gentlemanly calm, thinking the rest were like you. Gentlemanliness is not hard currency in a business transaction. It is a fleeting assurance of trust that cannot stay a legal decision.

So, you were wrong. You were the only gentleman in this deal. This is a corporate heist! You believed in “legality” and “textbook” corporate behaviour, not knowing you were dealing with predators. They paid the Scottish family straight, secured the title and then choked your construction funds to ensure you failed. That was your mistake, Tuju, and you better stop doing that. Other Kenyan borrowers too.

A question for the doubters

If anyone is doubting what I’m saying, please respond to me: Why did the Supreme Court judge quorum take to their heels and recuse themselves? If you have the answer to that question, you know that what happened is wrong. It does not matter what Britain or London said using Common Law because they were only looking at the signature on the paper. They feigned ignorance of this hard truth:

First breach: The bank breached the contract by withholding the Ksh297 million designated for construction. Under the doctrine of prevention, they cannot sue for a default they caused!

Soil grab: They paid the Scottish owners straight. They don’t want the loan repaid; they want the land.

KCB sabotage: They rejected a full cash buyout from Kenya Commercial Bank.

Raphael, you believed they were gentlemen – they were just playing heist. They goaded you into a bind from which you could not extricate yourself.

This isn’t just about one man. If we allow our courts to be silenced while our land is snatched through manufactured defaults, we have no future.

I am a mosquito with a kindergarten degree but I can see the rot even with my tiny eyes. My kindergarten papers enable to shine light in the dark. It may be the journey of the magi you so badly need.

• A Tell Media report / By Faith Mirunde Hakala – The writer is a public legal educator and a long-serving paralegal in Kenyan judiciary