Former Tetu MP James Ndung’u Gethenji breathed a sigh of relief after the High Court stopped the hearing of a fraud case filed against him by the brother.
Ndung'us brother had filed a fraud case against him asking the court to stop the former legislator from accessing their father's estate investments amounting to billions for a period of 15 years.
The EX-MP's brother, Gitahi Gethenji, told the court that Ndung’u had forged minutes of their company’s Annual General Meeting held on November 21, 2018 in which Chacha Mabanga was appointed as the Director of Kihingo Village Waridi Gardens Manage One Limited.
Justice Nyamweya said a further trial of the fraud case would deny Ndung’u’ his constitutional rights.
The judge noted that the Directorate of Public Prosecution (DPP) had based the current forgery case on similar facts as those presented before Justice David Majanja in a commercial case number E3934 of 2020.
“There was no evidence presented to prove Ndung’u forged the minutes,” Said Justice Nyamweya.
The judicial review also stopped the Director of Criminal investigations (DCI) from filing any criminal proceedings in any other court in Kenya against Ndung’u that arises from that particular minutes of November 21 2018 Kihingo Village AGM.
Justice Majanja declined that request saying the allegations were not proved at all.
In 2019, the Flying Squad officers made arrests with regards to be a Ksh 20 billion property row in Kitisuru pitting the two brothers.
An angry Gitahi was captured on video demanding to know what his younger brother was doing at the Kitisuru Estate, with Ndung'u insisting that he owned the property.
Ndung'u won a strongly contested case against his brother after the High Court gave him the go-ahead in 2019 to control the Ksh20 billion estate that had been in contention.
