TROUBLE FOR WAIGURU AS SHE IS TO BE EVICTED FROM HER HOME

Kirinyaga Governor Anne Waiguru is fighting to hold onto her palatial home in the upmarket Kihingo estate in Kitisuru, Nairobi.

She has sued the developer, Kihingo Village (Waridi Gardens), to prevent her eviction for alleged non-payment of Sh266 million rent since 2015.

Lawyer Chris Kabiro had filed an application under certificate of urgency claiming that House No 1 in Kihingo Village belongs to him and not Waiguru.

Last week, on June 30, Justice Elijah Obaga in the Land Court allowed Kabiro’s application and directed the parties to appear in court on November 24 to fix a hearing date.

Obaga also directed that whoever wish to be enjoined in the case to do so before the next mention date.

In court documents, Kabiro claims that in 2013 the High Court issued an injunction restraining Kihingo from selling the suit property.

Last year Justice Elijah Obaga issued temporary orders stopping Kihingo Village from evicting Waiguru and directed the parties to settle the dispute through an out-of-court agreement.

Waiguru’s ownership of the house has been thrown into doubt by the ongoing legal battles between former Tetu MP Ndungu Gethenji, the other 54 residents of Kihingo Village, and his brothers Bob and Gitahi.

Waiguru is suing KVWG, the developer, for not registering her ownership of House 1 in Kihingo Village. In her plaint, she says she paid Sh40 million to KVWG in a sale agreement dated September 2015.

She was planning to raise an additional Sh40 million to complete the purchase through a mortgage with KCB.

The Gethenji family – Ndungu, Bob, Gitahi and their late mother Hilda – have equal shares in Kihingo Village (Waridi Gardens) Limited, the developer of Kihingo Village, the upmarket housing estate in Kitisuru, Nairobi.

In its statement of defence, KVWG, the developer, claimed that Ndungu Gethenji unilaterally made a deal with Waiguru in 2015 that substantially undervalued the house. “The plaintiff (Waiguru) was transacting with one Ndungu Gethenji who was acting ultra vires”, the defence states.

KVWG also claims to have only received Sh8 million of the money paid by Waiguru. KVWG said that Ndungu had no authority to sell the house because there was no company meeting or board resolution authorising the sale of House 1 to Waiguru.

Furthermore, KVWG states that in 2013 the former occupant of House 1, lawyer Chris Kabiro, had placed an injunction on any sale of the property and that injunction was still in place. The developers argued that this meant that any alleged sale to Waiguru was null and void.

By The Star