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Ex-Tetu MP Ndungu Gethenji arrested over Kitisuru estate row

Friday October 18 2019

Former Tetu MP James Ndung’u Gethenji

Former Tetu MP James Ndung’u Gethenji. PHOTO | FILE | NATION MEDIA GROUP 

VINCENT ACHUKA
By VINCENT ACHUKA
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Former Tetu member of Parliament Ndung'u Gethenji was on Friday arrested by the Flying Squad at his Kitisuru home in the capital Nairobi.

Police did not immediately disclose the reasons for the arrest at about 9am, but it was linked to a property ownership row pitting the former Jubilee Party lawmaker against his elder brother Gitahi Gethenji.

Mr Ndung’u is the controlling shareholder of Kihingo Village (Waridi Gardens) Limited and Kihingo Village (Waridi) Management One Limited (KVWGMOL), which owns the high-end estate.

He and Gitahi have been fighting over management of the Sh20 billion estate.

Waridi Gardens Estate in Kitisuru consists of 55 housing units each valued at Sh400 million and a clubhouse.

COURT ORDERS

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Ndung'u's arrest came barely three days after High Court Judge Maureen Odero extended orders quashing a resolution by a special general meeting of April 13, which replaced him as chairman of KVWGMOL.

He was replaced with Mr William Edward Pike, associated with Radio Africa Limited, which owns Kiss FM, Radio Jambo and The Star newspaper.

Mr Pike, Gitahi, Sheetal Khanana, Kishor Kumar Varsani, Mohan Singh Panaser, Samuel Mwangi Wambu and Versani Harji Dhanji are also challenging the appointment of one house owner Chacha Mabanga as a director of KVWGMOL.

The parties want both Ndung’u and Mabanga removed.

But Ndung’u says Mabanga was legally appointed as KVWGMOL director, 19 months after Gitahi's resignation in September 2011. Mr Mabanga was appointed in March 2013.

“Mabanga qualifies as per the articles, memorandum of association and company law that state that if a director resigns, he should be replaced with one who is a shareholder of KVWGMOL,” he says in court papers.

"BITTER FEUD"

Regarding his arrest, Ndung'u told the Nation at Nairobi Area that he was yet to be given the reasons.

“I am yet to be informed of why I was arrested. I believe it’s as a result of the bitter feud of control and management of KVWGMOL, involving my brother and I as well as other house owners in Kihingo.”

He claimed Gitahi and the others want to use police to dislodge him from the control and management of the estate despite court orders

On October 15, Justice Odero extended orders for Mr Ndung’u and Mabanga to remain managers of the estate.

She set November 14 as the date for the hearing of the case on the leadership row.

SHARES

Justices Odero, Lois Komingoi, Margaret Muigai and Wilfrida Okwany vested management of the estate on Ndung’u pending determination of cases over the same matter - control of the estate and its Sh4 billion club house with various amenities.

The former MP, who was also chairman of the Defence and Foreign Relations committee told the Nation that he was the controlling majority shareholder in KVWGMOL, with 62 out of 117 shares, and that the rest of the house owners hold one each.

He also noted that when it comes to voting, each shareholder has one vote. At the April 13 meeting, the house owners purported to change the status quo.

Ndung’u has also complained to the Registrar of Companies over an unknown person named Charles Njenga, whom he said filed returns on behalf of KVWGMOL, yet he was not its authorised Secretary, vide the E-Citizen platform.

The house owners have accused the former MP of forging returns, an allegation which he has denied.