Former Tetu Member of Parliament James Githinji Ndung’u is being charged with forging minutes of the meeting of Kihingo village (Waridi Gardens) management one limited.
Githinji is alleged to have committed the offence on 21st November 2018 in Nairobi County with intent to deceive.
However, the former MP did not appear in court to plead to the charges against him. His lawyer told court that Githinji was released on police cash bail during the weekend but was exposed to Covid-19 and therefore is in Isolation. The lawyer added that his client is willing to abide with the court directions.
Chief Magistrate Martha Mutuku directed the matter to be mentioned on 1st December for plea taking.
Julius Chacha Mabanga had filed a suit as a director of Kihingo Village (Waridi Gardens) Management One Limited (KVWGM1).
Mabanga had complained that Kihingo residents had illegally held a meeting on 13th April 2019, to elect new directors of Kihingo Village (Waridi Gardens) Management Limited to run the estate. [Note: the only difference in the company names is that one has ‘One’ at the end]. The meeting was called in accordance with the directions given by the arbitrator, John Ohaga, in his award of 26th July 2016.
Complaints had been made to the DPP and the DCI to investigate the apparent breaches of company law and acts of perjury committed.
KVWGM1 was set up in 2010 only after the sale of the Kihingo Village houses in 2009. It purports to hold 60 B shares in KVWGM and thereby to control the affairs of the estate in perpetuity as the B shares would outvote the ordinary shares held by the 55 houses.
The Kihingo estate was originally developed by Kihingo Village (Waridi Gardens) Limited. The equal shareholders in that company were Ndungu, Gitahi, Bob Gethenji and their mother. The three other family members agree that there should only be 55 ordinary shares.
Ndung’u alleged that the bitter battle for control of Kihingo is a result of residents disputing his ownership of the large clubhouse at the estate. Yet there is no separate title for the clubhouse and his family would be entitled to equal shares if there were.