• Ndungu Gethenji giving statement to CID over forgery and assault allegations
• He was arrested on Friday morning from his house in the upmarket Kihingo estate
Image: FILE
Former Tetu MP Ndungu Gethenji was still in police custody, as the Star went to press at 7 pm on Friday evening.
He was arrested by 33 Flying Squad officers from Kihingo estate on Friday morning and taken to CID Milimani.
CID wanted to interview Ndungu over allegations that in November 2018 he had forged board minutes of a company linked to the upmarket Kihingo estate in Kitisuru, Nairobi. He failed to turn up on Wednesday and Thursday.
In addition, Allen Wamae, lawyers for the Kihingo residents, filed complaints alleging that Ndungu ignored court orders and brought goons to Kihingo estate to forcibly seize control of the clubhouse and security management system.
On Friday morning, Ndungu and Frank Murage, the former Kihingo security officer, allegedly got into a scuffle at the estate gate with Gitahi Gethenji, the former MP's elder brother.
The increasingly bitter dispute hinges on Ndungu's insistence that he controls the estate as the original developer.
The 55 houses were sold from 2008 onwards. The development company was owned by Ndungu, his brothers Bob and Gitahi, and his mother.
The head title and management of the estate is vested in Kihingo Village (Waridi Gardens) Management Ltd. Each of the 55 houses has one share.
In 2010, another company called Kihingo Village (Waridi Gardens) Management One Limited was set up and vested with 60 B shares. That company has one share owned by Ndungu and one share by Gitahi.
This was challenged by residents and in 2016 arbitrator John Oyaga ruled that there were only 55 ordinary shares and no B shares.
However Ndungu insists that the B shares are still valid, a claim rejected by the residents and the Gethenji family.
Yesterday police sources indicated that Ndungu will be held while they conclude investigations into the matter.
On Wednesday four men came to Kihingo in Ndungu's maroon Porsche Cayenne.
"They came as Ndungu's visitors on Wednesday but later on started destroying property at the clubhouse and gained access to the security management system," Gitahi said. Police arrested the four men in Kihingo late on Thursday evening..
"My brother and I have no differences. This is purely an issue to do with the control of the company managing the estate," Gitahi, 54 years, told the Star.
The ownership of the estate was restructured several times but in 2013 "one company Kihingo Village Waridi Gardens Management Limited (that) brought on board all homeowners."
However, a company called Kihingo Village Waridi Gardens Management One remained dormant with 60 B shares. This meant that the two brothers could potentially overrule the 55 ordinary shareholders.
“In two occurrences, Ndungu has tried to use his veto powers in a dictatorial manner," Gitahi said. "Remember these powers are shared 50-50 and he cannot make any move without both of us agreeing first."