Ex-MP James Gethenji urged to settle multi-billion dispute out of court
Two brothers locked up in a bitter rivalry over the control and management of the Sh20 billion upmarket Kihingo Village Waridi Gardens have been directed to resolve their differences out of court before June 14, 2023.
A Wells Fargo employee Gabriel Kamau Lumia who was testifying against former Tetu MP James Ndung’u Gethenji told a court that ‘Gitahi and his brother (ndung’u) have been battling over the control and management of the multi-billion family property’.
Lumia told senior principal magistrate Bernard Ochoi that Gitahi went to the offices of Wells Fargo and gave instructions that guards employed by Kihingo Village Waridi Gardens should not be allowed into the estate.
Lumia said the confrontation between Wells Fargo guards and those employed by Kihingo was triggered by those directions given by Gitahi.
He said Frank Mutegi and four others who were employed by Kihingo forced their way into the estate and chased away Wells Fargo guards.
Lumia, said he called Gitahi and informed him about the incident.
“Gitahi called in Police comprising the defunct flying squad officers who arrived at the estate then arrested the four guards and bundled them into a police vehicle, a Subaru,” Lumia said.
“This criminal case is an extension of the bitter ownership rivalry between Gitahi and Ndung’u over Kihingo estate,” the magistrate heard.
But the court heard there are efforts to reconcile the two brothers who both reside in the posh estate developed with a loan advanced by Commercial Bank of Africa to Kihingo Village Waridi Gardens.
Their late mother and another brother have houses in the estate.
As a good gesture, the magistrate required Ndung’u Gethenji and his elder brother Gitahi Gethenji to resolve the breach of peace case.
Ndung’u has been charged alongside four security guards employed by the management of the Kihingo Village.
The initiative to settle the case was prompted by state prosecutor James Gachoka who informed the magistrate that high court cases over the control of the estate have been resolved amicably out of court.
“This case against Ndung’u and the guards should be resolved out of court amicably just like the high court matters,” Mr Gachoka stated.
As a consequence, Mr Ochoi adviced the August 9, 2022, presidential Aspirant Lawyer Prof George Wajackoya to talk to the complainant Gitahi to withdraw the case.
“I will communicate with Prof Wajackoya who is watching brief for Gitahi in the case to seat with his brother (ndung’u) to settle this case out of court,” a lawyer holding brief for Prof Wajackoya in the case promised the magistrate.
Mr Gachoka told the magistrate the breach of peace case against Ndung’u and four guards Joseph Augo Otimo, Godfrey Ochieng Okello, Kennedy Ochieng Asewe and Shadrack Ouma Ogonji stems from management and control of the multi-billion estate.
The five are charged with breaking a door to the Server Room and chasing away guards posted to the estate by Wells Fargo on October 16, 2019.
Otimo, Okello,Asewe and Ogonji face a separate charge of maliciously damaging a door to the server room, the property of Kihingo Village Waridi Garden Estate within Kitsuru, Nairobi.
Testifying before Ochoi Lumia narrated how guards employed by Kihingo Village chased away Wells Fargo securicor guards posted to the estate before being arrested by flying squad officers.
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