Ex-MP James Ndung’u Gethenji to manage Waridi Gardens
Mr Gethenji, is the controlling shareholder of Kihingo Village (Waridi Gardens) Limited and Kihingo Village (Waridi) Management One Limited (KVWGML) which owns the high end estate. There has been a managemen wrangle of the estate pitting Ndung’u Gethenji and his elder brother Gitahi Gethenji.
Lady Justice Loise Komingoi and Lady Justice Margaret Muigai directerd Mr Gethenji to remain at the helm of the management of the two companies which own Waridi Gardens Estate in Kitsuru, Nairobi.
The estate consists of 55 housing units each with a value of Sh400million and a Club House valued over Sh4billion.
The management of the estate and the control of the Club house has been in dispute pitting two brothers the former MP and his elder brother Gitahi Gethenji.
Judges Komingoi and Muigai vested the management of the multi-billion estate to the younger Gethenji when they decided two cases all pegged on the control of the estate and the club house.
Before Justice Komingoi was a suit filed by Kifaru Insvestment Limited, Wanjiru Shinga, Kishorkumar Dhanji Varsani, Samuel Wambu Mwangi, Mohan Sing Panaser and William Pike sought 13 orders against the controlling shareholder of KVWGL whose Chairman is Mr Gethenji.
Kifaru was seeking orders to block the Junior Gethenji and the Managing Director of KVWGML) Mr Chacha Mabanga holding themselves as directors of the company.
Kifaru and the other plaintiffs sought orders barring KVWGL from transfering the Club House or disposing it in any way pending the determination of the case it has filed.
The plaintiffs further sought to have 60 shares held by Mr Gethenji which give him authority over management of the estate scrapped.
They had also urged the court to compel the Registrar of Companies to rectify the Register in respect of the shareholding of Mr Gethenji following an arbiral award determination dated July 28 2016.
The dispute which was determined by the Arbitrator was adopted by the court.
But Justice Komingoi said in her ruling she cannot scrap the 60 shares of Gethenji in KVWGML since they were not reflected in the arbitral award which was adopted by the court in February 15 2019.
Also she declined to cite Mr Gethenji and Mabanga for contempt and penalize them pay a fine not exceeding Sh20million or imprisonment for a period not exceedings two years.
In total the judge declined to grant 13 reliefs saying already there are orders recogonizing Mr Gethenji, Mr Mabanga and KVWGML as the bonafide managers of Kihingo Village (Waridi Gardens) and its 99 years lease hold tenants who are shareholders in the company. The estate was developed by Mr Gethenji through a Sh800million bank loan advanced by Commercial Bank of Africa which has been merged with NIC to become NCBA.
“The upshot of this matter is that this court cannot grant the orders as they are drafted. For avoidance of doubt the judgement debtors (seven applicants led Kifaru) should not interfere with the provision of services and utilities to Kihingo Village (Waridi Gardens Estate,” ruled Justice Komingoi.
Before Justice Muigai KHWGML has sued eight defendants William Pike, Narser Mehta,Gitahi Gethenji,Sheetal Khanna, Kishorkumar Varsani, Mohan Singh Panaser,Samuel Mwangi Wambu and Versani Harji Dhanji seeking orders they be barred from interfering with its management.
The eight defendants were seeking implementation of resolutions passed during a special general meeting (SGM) which has been challenged by KHWGML.
The duo are sons of former Tetu MP Joseph Augustine Gethenji who before joining politics was Director of Personnel Management (DPM) in the first government of the late President Mzee Jomo Kenyatta.
The late patriarch also served as a permanent secretary at the Ministry of Labour in the government of former President Daniel arap Moi.
Mr Ndung’u, who is a member of the World Chartered Institute of Marketing, developed the high-end Waridi Gardens 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.
The two and three storey houses were sold to affluent persons.
Those who bought the houses have been given a share in KHWGML, which has 117 shares.
Mr Mabanga has been appointed the MD Kihingo Village (Waridi Gardens) Management Limited incharge of the company and will report to a board of directors.
An executive commitee has been appointed under Article 87 of the Articles of Association to be responsible of security, finance,human resources, operations legal affairs.
All correspondence will be handled by the Chairman Mr Gethenji.