Kenya: Ex-MP Facing Forgery Charges in Sh20 Billion Estate Row

1 December 2020

A former MP who is fighting with his elder brother over the control of the family's Sh20 billion estate has been summoned to answer to charges of forging minutes of an annual general meeting.

Chief magistrate Martha Mutuku ordered Mr James Ndung'u Gethenji to appear before her on December 14.

Mr Gethenji had been directed to appear before the court Tuesday but lost his mother-in-law who had been ailing thereby prompting the court to excuse him. Defence lawyers Willis Otieno and Ishmael Nyaribo pleaded with the court to allow the former Tetu MP to mourn his mother-in-law who passed on last week.

Mr Nyaribo said the dispute that boiled down to the current charge is a " very serious and volatile dispute emanating from the control of a Sh20 billion estate comprising of 55 palatial homes at the upmarket Kitsuru Estate between Mr Gethenji, his brother Gitahi Gethenji and tenants."

Mr Gethenji doubles up as the chairman of Kihingo Village Waridi Gardens Management Ltd. Ndung'u and Gitahi hold one share each of the company. The criminal case stems from an AGM on November 2018 where it was voted that Mr Gethenji relinquishes control and management of the estate. The forged minutes of the AGM were allegedly filed with the company registry by a Mr Charles Njenga whowas Kihingo's company secretary. In the disputed minutes, a Mr Charles Chacha Mabanga, a homeowner in the posh estate, has been appointed a director of Kihingo. In the dispute that has been pending at the High Court, the tenants want to have a say in the management of a Sh5 billion club house whose management has caused disagreements among tenants.

They also want 60 Class B shares held by Mr Gethenji, which give him management control, quashed.

On December 14 when Mr Gethenji turns up to plead, he will also be tried over another criminal case where he and others have denied causing a breach of peace and assault charges. Ms Mutuku extended a Sh20,000 police bond given to Mr Gethenji until December 14 when he will attend court for formal charging.

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