Lawyers representing former Kiambu Governor Ferdinand Waititu last week surprised many when they challenged a witness testifying in a Senate impeachment trial to provide hard evidence showing that the former county boss was married to Susan Wangari Ndung’u - the immediate former Kiambu First Lady.
How Waititu's wife disowned her husband in heated court case
The matter left Waititu's uncle battling blood pressure
The lawyer’s strategy was interpreted by many as an attempt by Waititu to distance himself from his wife of over thirty years, who was publicly acknowledged as the official wife of the former Governor.
While the strategy did not work as Waititu was ultimately impeached, it is a legal defense strategy that the couple has successfully used in the past.
In 2014, Waititu’s maternal uncle Nicholas Mbugua sued the man who would later become Kiambu Governor for allegedly conning him Sh25 million.
Mbugua told a Nairobi court that in 2011, his nephew approached him seeking his help to get a buyer for an 18-acre piece of land that was being sold by the National Bank.
Waititu told his uncle that his family company, Bins Management Services, had been contracted by the bank to oversee the sale and was willing to pay a brokerage fee if Mbugua could find a buyer.
The National Bank was selling the land for 80 million and Waititu asked his uncle to find someone who would buy the property for at least 105 million with any other sum being commission for Mbugua and his business partner, William Gachuiri.
Mbugua told the court that he finally found a buyer by the name of Wall Street Business Park Limited who bought the piece of land for Sh130 million.
As per the agreement with his uncle, Waititu was to take Sh105 million on behalf of Bins Management Services, out of which Sh80 million would end up with National Bank.
However, Mbugua went to court saying his nephew had defrauded him as he was never given the Sh25 million that in excess of the Sh105 million that Waititu had asked in their initial agreement.
The High Court initially ruled in Mbugua’s favour, asking Waititu’s company to pay Sh25 million as commission fees.
However, when the matter moved to the court of Appeal, it emerged that while Waititu had been the face of the company, the directors and shareholders were Susan Ndung’u and Monica Njeri (the politician’s wife and daughter).
Susan and Monica filed affidavits where they disowned the deal made by Waititu - telling the court that he was a stranger to the limited company they operated - Bins Management Services.
The court ultimately ruled in favour of Waititu’s wife and daughter - leaving a dejected Mbugua complaining that the son of his beloved sister had defrauded him.
“I used to pay school fees for him and cared for his siblings. I had property in Nakuru where I used to stay, and was helpful to the children of my sister,” Mbugua said of his nephew, complaining that the incident had left him with blood pressure.
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