Kirinyaga governor Anne Waiguru embroiled in Sh200 million house ownership case
A politician has told the court he sold an Sh200 million house to Kiambu governor Anne Waiguru.
Former Tetu MP James Ndung’u Gethenji also defended the acquisition of the palatial home by Ms Waiguru in 2015.
The house is located at the upmarket Kihigo Village within Kitsuru, in Nairobi.
He confirms that Waiguru, a second-term governor who previously served as a Devolution Cabinet Secretary, paid him Sh40,687,170 after signing the sale agreement.
Mr Gethenji has applied to be enjoined in a case filed by Ms Waiguru against city-based lawyer Chris Kabiro who is claiming ownership of the house located within a Sh20 billion estate.
In the case filed under a certificate of urgency by lawyer Ishmael Nyaribo, Mr Gethenji says his entry into the case will assist the court to arrive at a fair decision by laying bare the truth.
Mr Gethenji argues that evidence filed in court by his co-directors Gitahi Gethenji and Bob Gethenji in support of Kabiro is selective with the sole intention to defeat justice.
Gitahi, Bob and James are brothers.
“It is extremely fundamental that the court allows the proposed interested party (James Ndung’u Gethenji) to be enjoined in the case for the benefit of all involved and for the ends of justice to be met,” Mr Nyaribo urges.
In the case, Ms Waiguru sued Kihingo Village (Waridi Gardens) Limited seeking orders to compel it to conclude the sale agreement of the house she bought in 2015.
Mr Kabiro, who also claims to be the owner of the house says Waiguru bought the house when there was a court order restraining Kihigo Village (Waridi Gardens) Limited not to sell the house or mortgage it pending the determination of a case he had filed in the high court.
Mr Gethenji says a company resolution to enforce the sale of the house to Waiguru has been negated by his co-directors thus denying the governor legitimacy of ownership.
The former MP says he will be affected by the outcome of the case by Ms Waiguru and Kabiro due to his position as the CEO and a director of Kihigo.
Ndung’u says he is the concept originator, project proposer, and prime mover of Kihingo Village Waridi Gardens Development.
Besides his two brothers- Bob and Gitahi, their late mother Hilda Gethenji was also a director of the company that developed the posh estate with 55 uniquely built residential homes with a Sh5billion Club House therein.
Ndung’u says that he has been perturbed by the position taken by Bob and Gitahi in supporting Kabiro’s alleged fraudulent claim over the house yet they utilized the monies paid by Waiguru to run company affairs.
Ndung’u alleges that Mr Kabiro, who was the project lawyer allegedly forged his signature to assume possession of the house in dispute. Kabiro says he was allocated the house as part of his legal fees.
“The said forgery was confirmed by the Director of Criminal Investigations (DCI) forensic document examiner Chief Inspector Oduor J Mugen,” Ndung’u states.
Kabiro, has also been accused by Ndung’u of failing to remit Sh86million being sale proceeds of the houses to date.
Evidence filed in court by Ndung’u shows Mr Kabiro relinquished the claim he had on the house ‘in the presence his late mother (hilda), her brother and senior members’ in the legal profession.”
Kabiro, the court papers state, raised the issue of ownership after the demise of Ndung’u’s mother as she had impressed upon him not to pursue the Sh86million non-remittance of sale proceeds of the palatial houses.