A judge set a date for hearing in a contempt of court case against two Presbyterian Church of East Africa (PCEA) clerics.
The clerics are Secretary General Rev Robert Waihenya and the Church’s Moderator Thegu Mutahi.
Lady Justice Tabitha Wamalwa set November 26 as the next hearing date.
The case had been set for October 31 but the court session had held virtually making it technically unviable to have a video played as part of the evidence against the two top clerics.
The two have been accused of defying lawful court orders restraining them from installing a church elder David Nderitu Ndumo from assuming the position of Honorary Treasurer of PCEA that administers the Church in Kenya and Tanzania.
In his application Benjamin Mburu, a member of the church stated that the two erred in installing Ndumo against an order from Justice Asenath Ongeri.
In April the High Court had granted orders restraining the church officials from installing Ndumo pending a hearing and determination of a case he was involved in which he took loans amounting to Sh5.8 million from Sheria Sacco but has since defaulted and declined to pay subjecting 15 guarantors to be deducted from their salaries.
The amount has since risen to Sh7.6 million inclusive of interest accrued.
“Pending the hearing of this Application by the parties, this honourable court is pleased to make an order restraining the First and Second respondents – The Secretary General and The Moderator – either by themselves or by their agents, employees or servants from implementing the recommendations of the Nominations Committee/ Business Committee to the General Assembly to appoint, elect or install David Neritu Ndumo as Honorary Treasurer of the PCEA during the 24th General Assembly to be help at the St Andrew’s PCEA Church Nairobi on 9th April, 2024,” Justice Ongeri ordered.
The case which came up before Lady Justice Wamalwa at the Milimani Law Court, seeks to sanction Robert Waihenya and the Rev Thegu Mutahi for acting against this court order and proceeding to install David Nderitu Ndumo as Honorary Treasurer.
Mburu argued that the church leaders committed a serious offence and criminal in nature by defying a lawfully issued court order.
A video deposited in court depicts the Moderator Rev. Mutahi declining to be served by the injunction and defiantly goes ahead to carry on with the rites to install Ndumo.
It is at this juncture that veteran PCEA cleric and human rights activist Rev Timothy Njoya is seen walking out in protest but is summoned back and directed by the Moderator to bow before exiting.
“Did Rev. Njoya bow? Can you come back and bow, this is a honourable court. You do not have to come here, you can bow from where you are,” orders Rev Mutahi in the video that is a clip from a live coverage of proceedings of the 24th General Assembly of the PCEA at St Andrew’s Church Nairobi.
According to Lawyer Andrew Mochu representing the applicant, obeying court orders is crucial in keeping Law and Order as a society.
“As you can see, even the highest office of the land had paused to install Prof Kindiki Kithure as Deputy President after conservatory orders were issued from Kerugóya against the swearing in,” said Mochu after the postponement of the case now set for November 26.
He asked why the church that is supposed to show the way can’t obey court orders.
The contempt case was earlier brought before Justice Ongeri who has since been transferred to Voi.
Ndumo’s three cars and other belongings have been attached by auctioneers and due for auction in a bid to recover the loan that has since increased to Sh7.6 million inclusive of interest accrued.
