Former Tetu MP Ndung’u Gethenji failed to honour an agreement with his brother Fredrick Gitahi Gethenji to settle criminal cases lodged against him, a Nairobi court heard Tuesday.
Gitahi told chief magistrate Martha Mutuku that Ndung’u refused to withdraw a case he had filed against the trustees of the estate – Gitahi, Ndung’u and their elder brother Robert Gethenji. They had been given seven days to settle the matter out of court.
“We have had meetings as a family to try to resolve this matter. We discussed how we could settle it amicably out of court. Ndung’u asked me to remove the cases in court but he did not keep end of his bargain,” he said.
The court heard that Gitahi had attempted to withdraw the cases but changed his mind after Ndung’u refused to relinquish some things to him.
Gitahi was testifying against his brother, Ndung’u and eight others in a case they have been charged with creating disturbance at Kihingo Village, Kitusuru in July 2019.
The suspects are Chacha Mabanga, Franklin Mutegi, Josiah Otimo, Godfrey Okello, Ochieng’ and Ouma Ogonji. They allegedly interfered with and stopped the renovation of a house belonging to Kumar Dhanji.
Mutegi, Otimo, Okello, Ochieng’ and Ouma are further accused of assaulting George Wajakoyah and Dhanji, occasioning them bodily harm.
Wajakoyah and Dhanji have since testified in the case.
Gitahi told the court on Tuesday that he sued because his brother brought people to carry out nefarious activities within the estate.
He identified Frank Mutegi whom he saw at the time the disturbance was created.
Asked whether his late parents would be happy if they found out he has been harassing his brother because of succession matters Gitahi said, "Yes, if the cause is reasonable."
Case proceeds on Wednesday.
