The High Court in Nairobi committed two senior most Presbyterian Church of East Africa to civil jail for defying its orders not to install David Nderitu Ndumo as Honorary Treasurer last year.
The sentence to jail Rev Waihenya to one month of imprisonment and Rev Mutahi to three months in prison was read by Lady Justice Stella Mutuku sitting in Nairobi Friday morning.
These jail sentences are however subject to the failing to pay fines of Sh100,000 and Sh150,000 respectively.
They were given a month to do so failure of which warrant of arrests will be issued against them and they be taken to prison.
In her sentencing, the Judge took judicial notice of the petitioner who noted that the two accused had not shown nor made any effort to make sure the court directives were obeyed.
Reacting earlier to mitigation by the two, petitioner’s counsel Andrew Mochu had asked for a six month jail and severe financial penalty given the two had not shown remorse by action.
The duo had been found guilty by the court after it was established that they had been duly served by a court injunction stopping the intended installation of elder Ndumo as Honorary Treasurer in April 2024.
During that the General Assembly, veteran cleric Timothy Nyoya and Rev Daniel Njeru Wachira had their mics muted as they tried in vain to bring to attention the gathering of the existence of the Court order.
At that juncture, Rev Njoya walked out of the meeting in protest.
All these unfolded before President William Ruto and his then deputy Rigathi Gachagua who had been invited as guests to witness the installation.
A Church faithful had moved to court to seek for orders to stop the installation of Ndumo pending a court hearing facing him at the Cooperative Tribunal.
He had been taken there by 15 guarantors who had been subjected to untold suffering after their salaries continued to be deducted to offset a Sh5.3 million facility from Sheria SACCO.
Ndumo had taken several loans guaranteed bu the 15 but failed to repay forcing the SACCO to recover the monies lend to Ndumo from the guarantors.
This sentence now ends his installation as the Church Honorary Treasurer for it is deemed null and void.
“We are very happy with the High Court decision this morning for the import is that Mr Nderitu Ndumo’s installation remains illegal, null and void,” said elated counsel for the petitioner Mucho.
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