What’s in a name? Ndeti's family caught up in bitter dispute over prime land

Harrison Mulili Ndeti (centre), one of the sons of the patriarch John Ndeti and originals partners in the family business with some of the family members at their home in Mua Hills, Machakos. INSET. The Mlolongo property in dispute. [Jeckonia Otieno, Standard]

An expansive prime parcel of land in Mlolongo is at the centre of a legal row that threatens to pull apart a prominent family in Machakos County.

The heirs to the patriarch’s estate are in courts battling it out for the control of an estate that was at one time estimated to be worth hundreds of millions of shillings.

The piece of land, LR No 7149/9, which lies next to the Mlolongo weighbridge, is just one piece of the portfolio puzzle at the centre of the wrangles. It was originally owned by businessman John Ndeti Mwania, the patriarch of the family that Machakos politician Wavinya Ndeti was born into. 

To understand the current undercurrents, one should trace the history of the wealth, and the Ndeti business empire that traces its roots to the Second World War for a family that has interests in real estate, petroleum and restaurants, among other ventures.

Ndeti married two wives – Mwelu and Nyambura. From his first wife, he begot 10 children, including six sons: Mutheke Ndeti, Julius Kiilu, Peter Nzuki (Wavinya’s father), Alphonse Nthiwua, Harrison Mulili and Prof Kivuto Ndeti.

During the Second World War, three of the sons went to fight and left three of their brothers, Mutheke who was the eldest, Nthiwua and Kivuto who were still young, having been born in 1938. Before leaving, the brothers had decided to set up a business dynasty that would outlive them.

Partnership

According to the family history, seen by the Sunday Standard, the three brothers at the war started sending money for the setup of a business to advance the desire for a family empire. At the end of the war in 1945, the three came home and found that their brothers had invested the money they had sent.

“Their businesses expanded to include farming, a restaurant at Kaloleni, posho mill and agriculture,” reads the Ndeti family history.

However, in 1955, the first move to formalise the business was made and it was registered as a partnership. Peter Nzuki, being the most learned among the brothers then, was chosen as the head of the business empire. And this is at the heart of the raging conflict.

A business registration certificate seen by Sunday Standard reads: “I hereby certify that Peter Nzuki Ndeti, Mulili Ndeti, Nthiwua Ndeti, Mutheke Ndeti and Julius Kiilu Ndeti carry on business under the name of PN Ndeti and Bros.”

An oath – kithitu - made by the brothers in 1948 in their Metuma home had ensured that the wealth would never be divided among themselves. After this the family went into a land buying frenzy in Metuma, Mutituni, Mua, Athi River, Machakos and Nairobi.

In 1957, the family owned its first petrol station in Machakos and would later be the sole franchise for Esso Petrol Stations in Ukambani.

It came as no surprise when on March 18, 1979, a family meeting in Athi River resolved that all property, whether in individual names, belonged to the entire family.

“Although some of the properties listed below could be registered under individual names, they were identified as assets forming part and parcel of M/S. P.N. NDETI & BROS LTD,” minutes from this meeting read.

The family was so intact that children born of the brothers would call their uncles father and the wives of the uncles were mother.

A family member, David Muisya Ndeti, says, “The bond was so tight that I did not even grow up in my mother’s house; she was bringing up other children from our uncles. You grew up where you were placed.”

Oneness

He grew up in Nzuki’s house despite being Kiilu’s son. In the spirit of oneness, the family sent Kivuto and Mutheke’s son Patrick to the United States of America for further studies. The two were age mates.

When they came back, they became the leaders of the family business. A decision had to be made in 1972 as to who would head the business since the first five Ndeti sons were aging.

The family history reads, “Dr Ndeti’s position was seen as academic while Patrick who studied and was a graduate of Business Administration was seen as a better fit for the business and was made to resign from his District Officer (DO) position to join the family business and assist Mzee Peter to run a growing and fast expanding business.”

In fact, the family had to pay a bond to the government to have Patrick released from government service.

However, trouble had started in the 1970s that would lead to battles in the corridors of justice from the 1980s to date. No less than eight cases have dogged the family, with some yet to be concluded.

When Mutheke died in 1974, the family chose his younger brother Kivuto (then Dr Ndeti) as the administrator despite Mutheke having elder children like Patrick.

Court cases

Kivuto and Patrick ran for elective seats in different parts of Machakos District. Being the leading figures in the business, and concentrating much of their energy in elections, apathy set in and the business started showing signs of floundering.

Bank loans that had been taken by the family were also taking a toll on the business. But perhaps the court cases would divide the family more.

A classic example of the cases is civil suit number 430 of 1981 in which Patrick took his uncle, Dr Kivuto, to the High Court. Among the prayers he sought included a declaration that any transfers made on the Mlolongo land be declared void; an order barring the principal registrar of titles from registering or transferring any portion of the land; a perpetual injunction preventing his uncle or his agents from selling any portion of the land; a declaration that the parcel of land is property of the Ndeti family under Akamba customary law; and to have three acres on which Patrick had put up a dwelling house declared his exclusive property, among other prayers.

An order was made that the house was the property of Patrick. The court also restrained Kivuto or his agents from selling whole or part of land or evicting Patrick until such a time when PN Ndeti and Brothers Limited was dissolved and each partner and shareholder got appropriate shares.

“…shares of the assets forming the family business and company some of which though registered under individual members of the Ndeti family have been jointly sold such as NguNyumu farm number 20 though it was registered in the name of Harrison Mulili Ndeti,” the court said.

After a series of court battles and appeals, during which Prof Kivuto and Patrick died – the Court of Appeal declined to overturn the High Court ruling. Representing the two were Kivuto’s wife Cecilia Situmai and their son Michael Kyende on the one hand, and Idah Ndinda for Patrick, on the other.

Justices Phillip Waki, Gatembu Kairu and J Mohammed ruled on July 11, 2014: “We have said enough to show that there is no merit in the appeal. Further, the original cast in the drama is no more. To reopen the matter in those circumstances would be oppressive to the descendants of the original cast. Let the appellants comply with the arbitral award and put to sleep this long outstanding matter.”

Despite this turmoil, Mbaa Ndeti (children of Ndeti) insist the empire is still as intact as the original architects intended.