Did Ferdinand Waititu con his uncle Sh25 million?

 A land tussle between former Embakasi legislator Ferdinand Waititu and his uncle Nicholas Mbugua, has belatedly landed in the corridors of justice.

Waititu allegedly approached his uncle to assist him secure a land deal worth about Sh105 million.

Bins Management Services Limited, a company associated with Waititu has since distanced itself from any dealings with Nicholas Mbugua, in relation to the land transaction.

The former MP allegedly approached his uncle in 2011 to get him a buyer to purchase land at Saika, measuring 7.40 hectares (approximately 181/4 acres) in Nairobi– the land was allegedly being sold by the National Bank.

Waititu reportedly promised his uncle that any money made above the asking price wouldbe his brokerage fee. Coincidentally, Bins Management Services Limited, owned by Waititu, through the directorship of his wife Susan Wangari Ndung’u and daughter Monica Njeri Ndung’u, was to oversee the procurement processes.

The uncle was told that the company was purchasing the land to re-sale, and that he (Waititu) had paid 10 per cent of the purchase price to the bank– a total of Sh8.5 million– with the selling price of the land being Sh85 million.

“He told my colleague William Kagotho Gachuiri and I, that he wanted to buy the property through the company, but was unable to raise the whole amount.  He engaged us to seek a buyer and his asking price was Sh105 million,” said Mbugua then a freelance estate agent.

Mbugua says he trusted his nephew to be acting in good faith, and went for a verbal agreement to market the property LR No Nairobi/Block 127/1 Saika on behalf of Bins management.

Mbugua claims he brought Wall Street Business Park Limited on board, who agreed to pay Sh130 million.

Mbugua narrates how together with his friend Kagotho met agents of Wall Street at the New Stanley hotel in Nairobi’s Central Business District (CBD), where they bargained the price of the land from Sh140 million to Sh130million.

“I revealed to the buyers our commission, and they said Bins Management would pay us as per our negotiations,” Mbugua says in his witness statement.

In his suit, Waititu’s uncle says that his nephew sent his wife Susan Wangari, to take him together with the buyers he (Mbugua) had fetched, to view the property, and they were pleased.

Jahesh and Pravu the representatives of Wall Street Business Park were taken to the site, and liked the property.

The purchasers would then deposit the agreed price with the lawyers of Mr Mbugua, who would later on remit the balance owed to National bank of Kenya, and the rest to Bins Management Services.

Mbugua now holds Bins Management liable for their commission, since they got a buyer who purchased the land and paid in full.

In a theatrical twist, Waititu would later direct Mbugua to his lawyers Messrs Nancy Wangari advocates, drafting a sales agreement between Bins Management and National Bank.

Wall Street, who were the third party purchaser were shown the agreement and were at ease. There commission was Sh25 million.

“Ever since the amount was paid to Bins Management Services Limited through their lawyers, they have never paid us our agent’s commission as agreed,” said Mbugua.

In July 5, 2013 Justice Jonathan Havelock directed and ordered the defendants to file their defenses but failed.

“We seek the courts intervention to have Bins Management pay us our dues,” says Kagotho in his witness statement.

In July 2013, the court ruled in their favour after the respondents failed to respond within the time required in law.

However, after the judgment was issued, Susan and Monica filed affidavits distancing themselves from any agreement made by Waititu on behalf of the company.  Susan and Monica said the company has never interacted with Mbugua. They said Waititu was not a director or a shareholder of Bins Management Ltd, hence he could not transact any business on their behalf.

Mbugua’s lawyer JW Wanjohi, now wants the court to strike out the defense filings made by Waititus’ lawyers on grounds that they are time barred.

The lawyers argue that the defense filed their response contrary to court orders on July 5, and therefore improperly on record, and were done without permission of court.

They contend that allowing the defense would be an abuse to court process.

That the defense was to file their reply within 14 days, but now wants to rely on orders 7 rule 1 of the civil procedure rules 2010 to proceed.

Mbugua in an off record statement in the sidelines of the court says that he cannot believe that his own nephew could turn against 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,” said Mbugua, now ailing of high blood pressure.

The Judgment of the case will be delivered through a notice of Motion by Justice Jonathan Havelock sitting in Nairobi high court.