Sh20bn Kihingo estate: Ndungu Gethenji, his brother decide to settle case

Former Tetu Member of Parliament James Ndung’u Gethenji at the Milimani Law Courts on July 3, 2019. 

Photo credit: File | Nation Media Group

Former Tetu MP Ndung’u Gethenji and his elder Fredrick Gitahi, who are fighting for control of the family’s Sh20 billion upmarket Kihingo estate, have opted to settle the dispute out of court.

Lawyer Willis Otieno, for Mr Gethenji, on Friday told Milimani Chief Magistrate Martha Mutuku that the family wanted to give negotiations a chance.

Ms Mutuku had summoned Mr Gethenji to answer to a charge of forging the returns of Kihingo Village (Waridi Gardens) Limited at the Registrar of Companies in 2018.

While asking the court to allow the alternative dispute resolution mechanism, Mr Otieno said there was no point calling upon Mr Gethenji to plead to the charge only for it to be withdrawn later.

He informed the magistrate that the brothers’ uncles called a family meeting over the weekend to resolve the dispute.

“The brothers have been asked to stop the property wars as it depicts the family in bad light,” the lawyer said.

The ruling

In her ruling, Ms Mutuku noted that the alternative dispute resolution mechanism is highly encouraged by the courts so it must be given a chance.

“ADR is encouraged by the Constitution as an avenue for resolving disputes ]as it] reduces the backlog in courts. I allow the brothers the ADR request,” she said.

She directed the complainant’s lawyers to inform State prosecutor Anderson Gikunda of any communication they may have from Mr Gitahi, for it to be presented in court.

Mr Gikunda had told the magistrate that he was not aware of any arrangements to have the case settled out of court.

Ms Mutuku said, “I will not allow lawyers watching brief to communicate directly to the court instead of relaying information through the prosecutor.”

Ndungu Gethenji at Milimani

Ex-Tetu MP James Ndung’u Gethenji (right) and six others before Milimani Chief Magistrate Martha Mutuku on December 14, 2020, over a breach of peace case.

Photo credit: Richard Munguti | Nation Media Group

The court directed the brothers to inform it of the outcome of their discussions on December 17.

“If the parties fail to agree, I will call upon Mr Gethenji to answer to the forgery charge,” Ms Mutuku ruled.

Mr Gethenji doubles up as the chairman of Kihingo Village (Waridi Gardens) Management Lrd.

He and his brother each own one share of the company.

The criminal case against Mr Gethenji stemmed from an annual general meeting in November 2018, at which it was voted that he relinquishes control and management of the estate.

Another case

Meanwhile, the hearing of a breach of peace case against Mr Gethenji and six others commenced in the same court on Monday.

Mason Joseph Mutune said he and others were flogged with whips then chased out of Kihingo estate while renovating house No.26D.

Ms Mutuku heard that all construction and renovations had been stopped by the management of the estate.

“I never reported the incident to the police. Today is the first time I am speaking about it,” Mr Mutune told Ms Mutuku when he testified against the accused, who have denied assaulting lawyer Prof George Wajackoya and a Mr Kishor.

They are out on bond.

The hearing continues.