The High Court has given direction in a case involving a Ksh 20 billion estate located in Kitisuru, Nairobi between former Tetu MP James Ndung'u Gethenji and his elder brother Gitahi Gethenji.
The two were fighting for the control of the estate, with an earlier ruling denying Ndung'u access to the multi-billion estate.
Commercial Court judge Justice David Majanja declared that neither the two can administer the estate nor have authority over the firm managing the posh residential homes.
The judge denied the duo the powers to appoint directors of the management firm as neither of them was a majority shareholder.
The court found out that each of the brothers holds one ordinary share only in the disputed firm.
Ndung'u contested the earlier ruling which had barred him from appointing directors and also a suit seeking to block him from controlling the estates.
The houses in Kitusuru estate are valued at between Ksh 180 million and Ksh 320 million each and sit on a 42-acre land.
"Under the law governing companies, Ndung'u could not act alone to take over management of the estate or pass any resolution without involving the others," the previous ruling stated.
The brother and seven other shareholders were aligned and had agreed to oust the ex-MP from the office of directors.
They had also accused Ndung'u of forgery by alleging that he filed fake minutes at the Company Registry.
Justice Majanja cleared the former MP from the allegations labeled against him.
“Fraud imports a level of dishonesty and I do not find this element proven on the part of Ndung’u and Chacha Mabanga (another director) as they believed they were asserting the rights of the company however mistaken,” the judge ruled.
Ndung'u lost his Tetu parliamentary seat to Nyeri-based lawyer James Gichuhi Mwangi, who ran on a Jubilee party ticket while he (Gethenji) contested as an independent candidate in the 2017 General Elections.
The ex-MP also once served as the Chairman of the Parliamentary Defence Committee.
