The hearing of the case in which the Presbyterian Church of East Africa Moderator Patrick Mutahi, Reverend Dr Robert Waihenya and the Registrar of Society were sermoned for contempt of court did not proceed since the court is in transfer.
Despite the transfer, Lady Justice Asenath Ongeri who gave orders appeared in court yesterday willing to have a conversation with the parties on camera calling for arbitration.
According to Justice Ongeri, she told the parties that she was willing to have a conversation and agreed on the disputed issues rather than jump to proceedings of contempt of court where the defendants disobeyed the court’s order for the installation of a new treasurer,
“I preferred this matter to conversation and mediation process since we are all mandated to work for the Lord if you can agree. I am not forcing you to converse but if we can agree the better,” she said.
Justice Ongeri said that she can give the litigators time to mediation if they wish and give them a mention date before another judge when they will come and file their consent.
The lawyers representing the defendants seem to agree with the court’s idea for dialogue and mediation,
“The parties can be given time to talk and agree and file a consent in court if come to an agreement but if they fail the matter can proceed in court,” stated the defence.
Benjamin Njoroge the plaintiff in the matter did not appear in court but was represented by his lawyer who rejected the idea of dialogue citing that the matter was very serious involving contempt of court,
“Your honor this is a very serious matter of contempt of court and I don’t think it can be subjected to mediation when the respondents defied orders by this court,” Benjamin said through his lawyer.
The lawyer insisted to the court to agree that when an issue of order is brought being violated it cannot be mediated rather it is supposed to be dealt with and the required punishment rendered.
He prayed the court to give a date when the matter would be mentioned for the hearing of their submissions.
The accused violated the court’s order not to install David Ndumo as the church’s treasurer pending a hearing of a suit that accuses him of defaulting on a Sh 7.4 million loan.
They defied the court orders issued by Lady Justice Asenath Ongeri on April 9, 2024, which blocked Ndumo from being handed the office of the treasurer until the case was heard and determined.
Despite the court orders the church officials went ahead with the installation in an event which was attended by President William Ruto and his deputy, Rigathi Gachagua.
The PCEA moderator was re-elected in February as the leader of the church, a highly respected position that exercises functions in consultation with the general assembly and its committees.
Mutahi was installed during the church’s general assembly held at PCEA St Andrews Church on April 9, 2024, an occasion that was graced by William Ruto.
Ndumo was elected as honourary treasurer, replacing Daniel Kibirii whose term had expired.
However, recently, there was drama at St Andrews Church in Nairobi when Timothy Njoya walked out of the 24th general assembly after the moderator defied court orders stopping him from installing Ndumo.
Njoya stormed out of the function in protest after Mutahi went ahead to install Ndumo as the church treasurer against the court order issued on April 8, 2024.
Justice Ongeri had issued orders barring Mutahi and Robert Waihenya, both moderator and General Secretary of the PCEA church, from swearing in Ndumo as the treasurer.
The interim orders were issued after Benjamin Njoroge Mburu, a member of the PCEA in Kikuyu Town, filed a petition in Milimani High Court challenging the nomination of Ndumo as the church official since he has a case pending in court for defaulting to pay a loan of Sh7.4 million owed to Sheria Sacco.
Mburu told the judge that Ndumo is a judgment-debtor and is indebted to the 15 claimants, including Juma Olago, Charles Maina, Jane Njoroge, and Benjamin Ombogo in Nairobi, Cooperative Tribunal Case Number 727 of 2019.
Ndumo has been facing a court case since 2019, where he has been charged with defaulting payment of a Ksh 7.4 million loan owed to Sheria Sacco, leaving his fifteen guarantors to shoulder the settlement of the debt.
The case has attracted public attention, and the church officials are facing criticism for defying court orders.
In his brief ruling, Justice Ongeri said she was determined to resolve the matter through dialogue but her wishes remained futile.
She defended her wish claiming that Christians should lead by example though it is not false.
She re-allocated the matter to another judge where it will be mentioned on September 18, 24, for directions.