Court orders audit of disputed Sh1b estate

By Isaiah Lucheli

The High Court will carry out an audit of the late Joseph Maingi Muriithi’s Sh1 billion estate in Embakasi, which is at the centre of a court battle.

High Court Judge Pauline Nyamweya has ordered Benson Ritho, who is the administrator of his late father’s estate to file his proposal for audit in a case in which he has sued Rangwe MP George Oner for illegally selling of the land.

The audit will establish which parcels of the land were sold by the administrator of the estate and the ones sold by Geoner Systems, a firm associated with the MP.

Ms Nyamweya also ordered that former MP Ferdinand Waititu and interested parties who had acquired land in the estate file and serve their response in 14 days. They are Stephen Mwangi, Jane Hiuko, Charles Mugambi, Rabeca Wanjiru, Elvis Mureithi, Samuel Kamau, Stanley Gathura, Leonard Kamwenwa, Jacinta Nyawira, Recho Njoki and John Wanjohi.

“It is hereby ordered that the plaintiff file and serve its proposal on audit of the suit properties within 14 days. The defendant and interested parties to file and serve their response to the said proposal within 21 days of service,” the order read in part.

Ritho had moved to the Environment and Land Division accusing Waititu of unlawfully demolishing structures on the land in violation of a court order restraining him.

Nyamweya had issued an order restraining the former MP from interfering with 39 properties until the suit was heard and determined but he defied and he is now facing contempt charges.

On February 25, Nyamweya issued an order restraining the defendants and the interested parties in the suit against interfering with the plaintiff’s possession and from trespassing on or carrying out any development or selling or transferring the land.

Fell ill

Ritho gave Geoner Systems instructions to undertake the subdivision of the 50-acre plot with a view of securing deed plans to the respective beneficiaries.

However, immediately after the subdivision was underway Ritho fell seriously ill, which left him bed ridden for three years.

According to the hospital records Ritho was taken ill in 2008 and he fully recovered in September 2011.

In the three years he was not in a position to supervise the subdivision, but when he recovered it emerged that the plots had been sold and flats erected on the land purportedly with his consent and knowledge.

The matter will be mentioned on January 31.