The contempt of court charges hearings against two top Presbyterian Church of East Africa (PCEA) clerics took a dramatic turn when a video clip was presented depicting Muguga Parish moderator Moses Ndegwa differ sharply with the church’s Secretary General Robert Waihenya.
The differences were over a court order to stop the induction of the Honorary Treasurer David Nderitu Ndumo.
In the clip played by the plaintiff lawyer Andrew Mucho, Ndegwa registered his disappointment with Waihenya’s explanation regarding the service of the injunction to the Moderator of the 24th Assembly Rev Dr Thegu Mutahi.
While Rev Waihenya admits to being served the injunction stopping him from participating in the installation of elder Ndumo as Honorary Treasurer, he seems to imply that Rev Mutahi would proceed with the installation.
This is against the backdrop of Rev Mutahi denying ever being served with the court order in spite of the court process server testifying under oath that indeed the Moderator was served by way of WhatsApp after he became elusive including switching off his phone.
Ndegwa argued that since the Secretary General’s order bore the names of the Moderator Mutahi, it was automatic the two had been served and there was no doubt that none was allowed to conduct the installation whatsoever.
“It is unfortunate that the Secretary General would give information that it is only him who was told by the courts not to induct the Honorary. The order isn’t personal, it is for you and the Moderator of the General Assembly,” explained Ndegwa during the 24th General Assembly held at the St Andrew’s Church Nairobi in April 2024.
During the court hearing before Lady Justice Stella Mutuku, another clip was played showing the Secretary General explaining to the delegates how he tried in vain to convince the Moderator to stop conducting the installation of Ndumo bit his pleas landed on a deaf ear.
“I explained to the Moderator that given the circumstances we have found ourselves in, being served with a court order not to install the Honorary Treasurers, we out to abide by the orders but he said he was going ahead with the installation and that he will take it up and that he was ready to face the consequences,” Waihenya explains to the tensed gathering that included President William Ruto and his then Deputy Rigathi Gachagua who had been invited as guests to witness the installation that of the Deputy Secretary General and the Moderator himself.
Mutahi instead explained how as a creative people they will go ahead with the installation of the Honorary Treasure in open defiance to the court order that had been issued by Lady Justice Asenath Ongeri.
In the previous hearing the two top clerics, Mutahi and Waihenya, clashed over who was telling the truth about the service with the former asking the court to determine who among the duo was lying to the court.
Justice Mutuku set June 25 as the date for the next hearing and directions for the way forward.
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