The Presbyterian Church of East Africa is in turmoil after a High Court found two of its most senior leaders guilty of contempt of court.
Secretary General Rev Robert Waihenya and Moderator Rev Mutahi Thegu now face possible jail time or a heavy fine. The court ruled that they went ahead with the installation of David Nderitu Ndumo as Honorary Treasurer despite clear orders not to do so.
The decision relates to the church’s General Assembly held at St Cathedral in Nairobi in April 2024. The ceremony was attended by senior figures, including President William Ruto and his then Deputy, Rigathi Gachagua.
In a calm but firm ruling, Justice Stella Mutuku said the evidence showed the two clerics were aware of the court order issued on 8 April 2024. That order barred them from approving or installing Mr Ndumo until a related case was heard.
“The record is clear that this court made an order restraining the respondents from installing David Nderitu Ndumo as Honorary Treasurer,” the judge said. “That order was disobeyed.”
The court heard testimony from process server Josephat Simeon Mutunga, who said he served the church’s legal officer and Rev Waihenya with the order on the same day it was issued. He told the court that efforts to reach Rev Mutahi in person failed, but he later sent the order to him via WhatsApp the following morning at 9.33am.
Despite this, the installation went ahead.
Justice Mutuku said such conduct undermines the authority of the court and interferes with the administration of justice. She ruled that both men knowingly breached the order and must now appear in person for mitigation and sentencing on a date to be set.
The dispute began after 15 guarantors filed a case against Mr Ndumo at the Co-operative Tribunal. They claimed he failed to pay an initial Sh5.3 million loan they had guaranteed on his behalf from Sheria SACCO. That case remains unresolved.
Supporters of the clerics argue that the church was acting in what it believed to be its best interests and followed internal procedures. Critics, however, say the ruling exposes a worrying disregard for the law and raises questions about accountability within the church.
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