Witness says ex-Tetu MP Ndung’u Gethenji didn't assault him
Mr Kishor Varsani who cleared former Tetu MP James Ndung’u Gethenji and Mr Chacha Mabanga from blame in an assault case.
A witness has told court that former Member of Parliament and his co-director at the Sh20 billion Kihingo Estate were not among people who allegedly assaulted him.
Mr Kishor Varsani. one of the 55 house owners who was allegedly beaten up by employees of the managing company, said former Tetu MP James Ndung’u Gethenji and Mr Chacha Mabanga did not beat him..
“They were not among the six men who accosted me on July 2, 2019 around 3.45pm, assaulting me and tearing my pullover,” Mr Varsani said.
Mr Varsani, who was testifying before Milimani Chief Magistrate Martha Mutuku, identified four suspects as among those he claimed rained blows and kicks on him, then chased away four masons who were renovating his Sh58 million house which he bought in 2011.
He purchased the house from Kihingo Village Waridi Gardens Management Limited whose chairman is Mr Gethenji. 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.
“Was Mr Gethenji and Mr Mabanga amongst those people you have told this court assaulted you?” defence lawyer Willis Otieno asked Mr Varsani in cross-examination.
“No, Mr Gethenji and Mr Mabanga were not among the people who assaulted me on July 2, 2019,” he replied.
Former Tetu MP James Ndung’u Gethenji at the Milimani Law Courts on December 15, 2020.
Suspects identified
However, Mr Varsani identified four suspects, among them Mr Franklin Kaburu, the head of security at Kihingo, whose control and management has sparked a bitter rivalry between Mr Gethenji and his elder brother Fredrick Gitahi.
Mr Varsani, who is the second witness to testify in the breach of peace case against Mr Gethenji, said he had been stopped by the Kihingo Village Waridi Gardens Management Limited from carrying on with renovations of his house through a letter.
The witness said he had been earlier cleared to renovate his house but later, the management stopped him although Mr Gitahi asked him to continue with the work.
“Mr Gitahi allowed me to proceed with the renovation work,” Mr Varsani stated while being re-examined by State Prosecutor Anderson Gikunda.
The witness said he told a doctor who filled the P3 Form that he was assaulted three days before July 2, 2019 when he alleged he was assaulted by Mr Gethenji and six others.
Called lawyer
The witness said that when he was assaulted, he called lawyer George Wajackoya whom he said called the police over the attack.
He said he was assaulted on his shoulder and his pullover valued at Sh1,500 torn during the fracas.
But the charge sheet filed in court states that the value of the pullover was Sh1,000.
“So the pullover you told police about is quite different from the one you have produced in court as an exhibit?” Mr Otieno asked Mr Varsani.
The witness did not respond to the question but added that even after the fracas, he voluntarily walked to the main gate in the company of Prof Wajackoya.
Ms Mutuku has summoned the doctor who treated Mr Varsani after she was told that Prof Wajackoya, who was scheduled to testify, had travelled overseas.
Mr Gikunda had sought an adjournment but Mr Otieno opposed it, saying if there are no witnesses, the prosecution should close its case.
The hearing continues today (December 16, 2020).
