Former MP gets reprieve in forgery claims case

The High Court has suspended the prosecution of former Tetu MP Ndung'u Gethenji over alleged forgery of minutes of a shareholders meeting of the multi-billion shilling Kihingo Village (Waridi Gardens) Management One Ltd.

Justice Pauline Nyamweya said the criminal proceedings should remain suspended pending hearing and determination of a case filed by Mr Gethenji challenging legality of his trial.

The complainant in the criminal case is Mr Gethenji's brother, Fredrick Gitahi, and the genesis of the case is a dispute on control of the Sh20 billion estate they inherited from their late father, Gethenji Marekia, also a former Tetu MP (1992-1997).

Mr Gethenji was arraigned at a magistrate court in Milimani Nairobi on December 23, 2020 and was released on a bond of Sh100,000 after denying the forgery charges.

The offence is said to have been committed on November 21, 2018 when Mr Gethenji's phone was used to upload incorrect company information to the Registrar of Companies through his E-Citizen account.

Justice Nyamweya suspended the trial after Mr Gethenji claimed that his brother is abusing the criminal justice system to harass and intimidate him as part of an ongoing family dispute regarding sharing and administration of the assets of their late father.

He told court that the Director of Public Prosecutions (DPP) and Directorate of Criminal Investigations (DCI) have sought to charge him with the offence of forging minutes of the company to make a Mr Chacha Mabanga a director of the company.

Yet, he said, the complainant had sued him in a civil case at the High Court, Commercial Division making the same allegation and the court had found that there was no evidence that he had forged minutes.

In her ruling, justice Nyamweya said Mr Gethenji had demonstrated that his case was urgent as the crininal trial is likely to affect his rights and liberty.

"The applicant has provided evidence of the charges brought against him and of the previous civil suit he had with the Interested Party (his brother) on the same subject matter, and has averred as to the grounds and reasons why he considers the charges against him to be improper," said the judgrs.

The judge added that Mr Gethenji's application had met the threshold of an arguable case, and was therefore entitled to be granted authourity to commence judicial review proceedings against the DPP and the DCI.

He is the Chairman and Director of Kihingo Village Management One Limited in which company his co-shareholder is his brother Fredrick Gitahi Gethenji, who has been battling alongside Kihingo shareholders to take Kihingo management rights from the ex-MP.