Moses Kuria, President William Ruto’s administration adviser, has been granted a temporary reprieve after the High Court halted the auction of his two prime properties in Kiambu County.
The move follows a legal battle with Equity Bank over an unpaid Sh50 million loan.
On April 11, 2025, Justice Jacqueline Mogeni of the Kiambu High Court issued a restraining order preventing Equity Bank from auctioning the properties, which are located in Ruaka and Juja.
The order came after an urgent application was filed by Kuria’s wife, Joyce Njambi, who raised objections to the impending sale.
The roots of the legal dispute date back to December 2017, when Moses Kuria secured a Sh50 million loan from Equity Bank to fund the construction of two residential apartment blocks.
As part of the agreement, the properties were offered as collateral, and legal charges were registered against their titles.
The loan was meant to be repaid in monthly installments of Sh402,832.
However, Kuria defaulted on his payments, which led to the bank seeking to auction the properties to recover the outstanding debt.
Court documents filed by the bank revealed that Kuria failed to honor his repayment obligations, despite repeated efforts by the bank to negotiate and settle the matter amicably.
According to Kariuki King’ori, a representative of Equity Bank, the bank made several attempts to meet with Kuria and find a resolution.
“We gave Mr. Kuria ample time and opportunity to settle the debt, but he failed to comply with the agreed-upon terms.
At no point did the plaintiff make any significant payments, even after committing to a payment schedule,” King’ori stated in an affidavit.
As the auction date loomed, Kuria filed a fresh application at the Kiambu High Court, seeking to prevent the sale.
His wife, Joyce Njambi, stepped in to challenge the bank’s actions, arguing that the sale of the properties would cause irreparable harm to the family’s financial standing.
Justice Mogeni granted the application, halting any dealings with the properties until the matter is heard on April 30, 2025.
The judge’s ruling effectively blocked the auction, which was set to take place the following week.
“Meanwhile, there shall be NO DEALINGS of any manner with the suit property pending the hearing of this application,” Justice Mogeni ordered.
Additionally, the court instructed Njambi to serve Equity Bank with her application within three days.
The bank was also given three days to file a response and submit its evidence ahead of the hearing.
The properties in question — two five-storey apartment blocks in Ruaka and Juja were designed to generate rental income.
However, Kuria claims that the Juja property is still under construction and is not yet producing any rental revenue, which has made it difficult for him to meet his repayment obligations.
At the heart of Kuria’s defense is the argument that the bank’s move to auction the properties was premature, given that he was actively working to raise the funds necessary to settle the debt.
Despite this, Justice Aleem Visram of the Milimani High Court had earlier ruled against Kuria, rejecting his request for an injunction to block the sale of the properties.
“I find the Applicant has not met the threshold for a grant of an injunction pending the hearing and determination of both the present application and the main suit,” Justice Visram said in his ruling.
In an effort to resolve the matter, the bank and Kuria had engaged in several discussions over the past months.
According to documents filed with the court, a new repayment plan was agreed upon in March 2025, which would have seen Kuria pay Sh6.4 million by March 28, followed by Sh5 million by April 15, and a final installment of Sh11.5 million by April 30, 2025.
Kuria had also committed to resuming monthly payments of Sh850,000 until the loan was fully paid off.
However, despite these new terms, Equity Bank claims that Kuria failed to make any payments as agreed, prompting the bank to proceed with the auction.
“The plaintiff has not only failed to honor his payment commitments but has also neglected to follow through with his agreed repayment plan,” said King’ori, the bank’s representative.
The banck has now been granted three days to respond to Njambi’s application ahead of th hearing on April 30,2025
