This archive report was first published on 7 August 2019.
On August 7, 2019, a long-standing dispute between two brothers, Mr Gitahi Gethenji and Mr James Ndung'u Gethenji, a former Tetu MP, took a new turn over the control of a Sh20 billion estate in Kitisuru, Nairobi.
The estate, Waridi Gardens, is a posh residential estate developed by Mr Ndung'u with a Sh800 million loan advanced by the Commercial Bank of Africa (CBA) between 2007 and 2010.
Mr Ndung'u, a member of the World Chartered Institute of Marketing, developed the estate with 55 palatial houses built on a 37-acre land which had earlier been the home of Kihingo Roses. Each house stands on a half an acre.
However, the management of the estate has been thrown in limbo following conflicting court orders. Lady Justice Wilfrida Okwanyi had on December 4, 2018, vested the control of the estate to Mr Ndung'u, but those powers were stripped by Lady Justice Lois Komingoi on July 9, 2019, through an ex-parte application by Mr Gitahi.
Mr Gitahi wants the powers enjoyed by his brother stripped and managerial authority distributed to investors who have bought shares in the estate.
The leadership wrangle has birthed two main litigations at the Environment and Lands Court (ELC) and Commercial Division, besides a myriad of other applications.
Justice Okwanyi will deliver a ruling on the leadership dispute on October 31, 2019, while Justice Komingoi will deliver a decision also on the same issue on September 26, 2019.
