Kirinyaga Governor Anne Waiguru is the rightful owner of a Ksh200 million mansion in Nairobi’s upscale Kitisuru area, amid a heated legal dispute over the property, the High Court heard Monday, July 14.
Testifying before Justice Oscar Angote, James Ndung’u Gethenji, the CEO and one of the directors of Kihingo Village (Waridi Gardens) Limited, said he and three other company directors legally sold the house to Waiguru for Ksh80 million in 2015.
He firmly rejected claims by lawyer Chris Kabiro, who insists he bought the same property back in 2007. According to Gethenji, Kabiro only showed interest in purchasing the house but never followed through with the transaction.
Gethenji further accused Kabiro of relying on a forged document to support his claim. “A forensic document examiner, Jacob Odhiambo, confirmed to the court that the signature Kabiro is using in the contested sale agreement is a forgery,” the court heard.
Gethenji, a former MP for Tetu constituency, urged the High Court to officially recognize Governor Waiguru as the rightful owner of House Number 1D in Nairobi’s exclusive Kitisuru neighborhood.
In his testimony, Gethenji told the court he oversaw the sale of all 55 high-end homes developed on a 37-acre piece of land donated to Kihingo Village (Waridi Gardens) Limited by Wangema Limited, the same company that owns the Aberdares Safari Hotel in Nyeri.
Gethenji Family Feud
The Ksh20 billion Kihingo Village estate is owned by Kihingo Village (Waridi Gardens) Limited, a family-run company linked to the Gethenji family.
Gethenji dismissed as untrue claims made by his brothers, Robert Gethenji and Fredrick Gitahi, that they were unaware of Waiguru’s purchase. Gethenji maintained that all four directors of Kihingo including Robert, Fredrick, their late mother Hilda Wangari, and himself actively participated in negotiating the sale price with the governor.
“I find it odd that my brothers are disputing Waiguru’s ownership of the house, yet we, the four, negotiated with her and the monies she paid in deposit was used to bail out Wangema Limited, which was going through financial problem,” he testified.
Gethenji further told the court that Governor Waiguru has been living in House No. 1D since September 2015. He emphasized that all the company’s directors had agreed to use the proceeds from the house sale to Waiguru to settle debts owed by the estate’s developer to various service providers.
The businessman expressed dismay over what he called a betrayal by his elder brothers, Robert Gethenji and Fredrick Gitahi, who have sided with Kabiro in challenging Waiguru’s ownership, despite their direct involvement in sealing the sale.
Forgery Charges Against Kabiro Dropped
He further alleged that Kabiro had previously been evicted from the disputed home for failing to pay rent and was later found to have withheld over Ksh80 million from other property sales within the estate.
“When the fraud and forgery were discovered, I reported to the police, who investigated the matter and discovered that my signature on the sale agreement relied upon by Kabiro to claim the house had been forged,” Gethenji testified.
James Gethenji told the High Court that although he had initially reported lawyer Chris Kabiro to the police over alleged forgery, the case did not proceed to court. He explained that his late mother had persuaded him to drop the matter out of respect for Kabiro’s parents, who were longtime family friends.
Despite this, Gethenji maintained that the sale agreement Kabiro is relying on was rendered invalid due to the forged signature.
“Any agreement vitiated by forgery is a nullity in law,” he testified.
When questioned by Kabiro’s lawyer about whether he was seeking any personal relief from the court, Gethenji responded, “I am not seeking any relief from this court. All that I am asking this court is to grant the relief sought by Waiguru.”
Waiguru Seeks Court Order to Finalize Kitisuru Mansion Sale
In the ongoing ownership battle, Waiguru is asking the High Court to compel Kihingo Village (Waridi Gardens) Limited to finalise the sale of House No. 1D in her name.
Waiguru maintains she is the rightful owner of the property, having paid a deposit of Ksh40,687,170 to the company’s CEO, James Ndung’u Gethenji, before moving into the house in 2015.
But lawyer Chris Kabiro, who also lays claim to the house, told Justice Oscar Angote that Waiguru and Gethenji conspired to defraud him. Kabiro claims he bought the same house back in 2007 for Ksh42.8 million from the developers.
He argued that the sale to Waiguru went against a court order issued by Justice Erick Ogolla, which barred any transactions involving the property pending the outcome of his earlier case.
However, the court was informed that Justice Ogolla’s order had already lapsed by the time Waiguru completed the purchase.
Kabiro insists that Waiguru’s acquisition was illegal and goes against public policy, urging the court to dismiss her application.
The matter will be mentioned on October 8, 2025, when the court will set a date for judgment.
