The family of former Tetu MP James Ndung’u Gethenji is locked in a court dispute over a Sh1.2 billion property located in Nairobi’s high-end Kitisuru Estate.
Mr Gethenji, who has differed both with his brother and developers of multi-million-shilling houses over the management of his late father’s estate, was Wednesday charged with breach of peace after allegedly interfering with renovation of the posh homes.
The former MP, who was released on a Sh50,000 cash bail, told the court that the criminal case stems from a heavily contested civil litigation over the control and management of 60 palatial houses that he put up in Nairobi’s Kitisuru suburb, a high-end neighbourhood.
Waridi Gardens is a commercial and residential park developed by the Ndung’u family. It features high-cost homes, shopping malls and other recreational facilities.
“The property, which is at the centre of dispute, is owned by Mr Gethenji who developed it and is managing it. He is still managing it and his brothers have teamed up with some of the buyers of the 60 houses each going for over Sh200 million to seek leadership and management roles,” the former MP told the court.
His employee, Frankline Mutegi Kaburu, was charged with assaulting one of the investors, Kisorkumar Dhanji Varsani, and lawyer George Wajackoyah.
The former legislator and a past chairperson of the National Assembly’s Defence and Foreign Relations committee, was charged before Senior Principal Magistrate Martha Mutuku with interfering with renovations on a house at Kihingo Village (Waridi Gardens) Limited (KVWRL) in Kitisuru, Nairobi County.
Mr Gethenji was charged alongside Chacha Maranga, a director of KVWRL, and Mr Kaburu.
The three were accused of creating a disturbance on July 2 while in the company of others and breaching the peace by stopping the renovation of house Number 26D, belonging to Mr Varsani, and which is the subject of a High Court case.
Yesterday, Mr Kaburu was separately charged with injuring Prof Wajackoyah and Mr Varsani. He and his co-accused denied the charges and applied to be released on bond, a move which was opposed by State prosecutor Duncan Ondimu, who argued that they would interfere with witnesses.
The two cases are pending at the Lands and Environment Division and the Commercial Division of the High Court.
Mr Varsani, Kifaru Investments Limited, Wanjiru Shinga, Harji Dhanji Varsani, Samuel Wambu Mwangi, Miohan Singh Panesar and William Pike have commenced a case against KMVL.
The court directed KMVL to include the seven in the register of members and the board of management of KMVL (Waridi Gardens) without any restrictions on the class of shares to be subscribed to KVML.
Kihingo Village was restrained from holding themselves as the management company of the property, controlling and or interfering with house owners until such a time when the plaintiffs will be included in the management of the defendant’s company (KMVL).
The court also directed KMVL to implement the seven agreements of sale of houses between it and the seven plaintiffs. The court further ordered KMVL to hold a meeting of its members within 90 days. The seven plaintiffs were allowed to appoint a reputable estate agent as the management company of the developments therein.
KMVL was also ordered to render to the plaintiffs true and accurate accounts of all monies collected from the plaintiffs of service charge from date of completion of the developments.
Another case filed by Gitahi Gethenji, Amme Khamna, Nabesh Mehta against Mr Gethenji, Eric Govan, Chacha Mabanga and KVGML is also pending at the Commercial Division where management of the estate has been vested with the former MP.