BY SAM ALFAN
A legal battle is looming between Presbyterian Church East Africa and five elders accused of misappropriation of funds.
The five elders filed application before the High Court seeking to block the church from ousting them, alleging that the process for their removal was full of irregularities. They further claimed they were not accorded a fair hearing.
James Njuguna Macharia, Catherine Wanjiru Murithi, Boniface Njoroge Muiruri, John Mubia Mwangi and Paul Munene Githecha filed the case under certificate of urgency, seeking orders, to maintain status quo, pending hearing of the application.
The elders want the court to restrain the church, its agents, servants or any persons acting under their authority, from proceeding with disciplinary process with a view to removing them as elders.
They also want the church be prohibited from publishing or making any pronouncements concerning or relating to the disciplinary process to the congregation in parishes within Nairobi.
They claim the church has unlawfully and without right justification proceeded to institute unlawful disciplinary process against them in a bid to remove them.
They told the court that the Church intended to hold a meeting with an agenda being to remove them, without due process followed.
“The disciplinary process against the petitioners by the Presbyterian church at the outset has been marred by irregularities and contravenes the constitution and Presbyterian church of East Africa (PCEA) practice and procedure manual”, said the elders.
In affidavit, Macharia said on May 1, this year the church without justifiable grounds purportedly resolved to have them step aside from the positions and offices with immediate effect and were informed of the decision through a letter dated May 1, 2019 signed by the clerk (Nairobi North Presbyterian).
After the said letter they received a gag order from church on or about March 29 restricting them from commencing and discussing the issues raised against them by the church.
They added that on April 12, without prior written notice, they received text message from the church summoning them for a meeting at the Ruaraka parish office the same day where vague accusations of misappropriation of funds were leveled against them and they were denied particulars of the accusations.
