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Court acquits former MP in assault case


Former lawmaker James Gethenji is a free man after a court exonerated him from blame in an assault case.

While acquitting the former Tetu MP who doubles up as a real estate mogul and chairman of Kihingo Village Waridi Gardens Management Limited, Chief magistrate Martha Mutuku said the case was sparked by an inheritance dispute pitting him and his elder brother, Gitahi Gethenji.

Ms Mutuku noted the ownership dispute of the multi-billion estate developed by Ndung’u Gethenji in 2017 is subject of several high court matters brought to her knowledge.

Mr Gethenji who was being defended by lawyers Ishmael Nyaribo and Willis Otieno had denied assaulting causing actual bodily harm to businessman Mr Kishor Varsani at the Kihingo Estate.

Ms Mutuku said as a result of the sharp differences between the brother’s police waded into the dispute irregularly then charged Ndung’u without tangible evidence.

“The prosecution has failed to meet the legal threshold in the case against Mr Gethenji and six others,” Ms Mutuku ruled.

She said evidence tendered by witnesses was contradictory and never pointed at any of the seven accused persons.

Ms Mutuku said the complainant Mr Varsani said he was not assaulted by Mr Gethenji and Mr Chacha Mabanga, a director of Kihingo.

“Mr Varsani the owner of house number 58 told this court he was not assaulted by Mr Gethenji and Mr Mabanga,” Ms Mutuku said in her judgement.

“Gethenji and Mabanga were not among the six men who accosted Varsani on July 2, 2019 around 3.45pm, assaulting him and tearing his pullover valued at Sh1,000,” Ms Mutuku noted.

Ms Mutuku vindicated Mr Gethenji and the co-accused for assaulting Mr Varsani and lawyer Prof George Wajackoya.

When he testified before court Mr Varsani claimed he was rained blows and kicks by hirelings who also chased away four masons who were renovating his Sh58 million house which he bought in 2011 within Kihingo Estate.

“After examining all the evidence tendered in this case by the prosecution I find that there is no evidence to warrant this court to call upon the accused to defend themselves. I hereby acquit them under Section 215 of the Criminal Procedure Code,” Ms Mutuku ruled.

The former MP developed 55 palatial houses in the upmarket Kitsuru area with a Sh800 million loan from Commercial Bank of Africa which has since merged with NIC Bank.

Ms Mutuku ordered the cash bail deposited by the accused in court be returned to them.