BY SAM ALFAN.
A judge has directed Pentecostal Assemblies of God (PAG-Kenya) to conduct elections within 60 days.
High Court judge Jacqueline Kamau said the elections should be supervised by the Registrar of Societies.
Justice Kamau further ordered the Church Constitution of 1998 be amended within the limits determined by members of the Church within 120 days from the date of the judgement.
“A declaration be and is hereby made that Article 12.4 of the PAG-K Church Constitution was a contravention of the Constitution of Kenya in so far as it discriminated against women from vying for the position of general officers,” court declared
While delivering a judgement in the dispute, which has been in court for the last seven years, Justice Kamau said in the event that the church does not hold elections and amend the Constitution as directed, the Registrar of Societies will only be at liberty to extend the said periods for a further thirty (30) days for each respective action.
“If the parties herein will not comply with the directions of this court to hold the elections and amend the PAG K- Constitution during the extended period as foresaid, the Registrar of Societies will be at liberty to exercise powers under the relevant provisions of Section 12 of the Societies Act Cap 108 (Laws of Kenya) without further reference to this court,” ruled the judge in her decision.
Elijah Kathiari Mikwa, Daniel Oyaro and Mark Nangalama moved to court seeking to declare several articles of PAG-Kenya Church constitution 1998 were unconstitutional.
They sought the court to compel the Registrar of Societies to invoke section 12 of the Societies Act until the above provisions of the Pentecostal Assemblies of God church constitution amended are amend accordingly.
In the petition, they also urged the court to declare account No. 1260277681614 at Equity Bank Kisumu branch and account No. 0111370000002 held at Rafiki Microfinance Bank in Mbale were commenced unlawfully and the same be declared illegal..
Further, they urged the court to issue an injunction barring Rev Patrick Lihanda, Rev Zedekiah Orera, Carol Andisi, Freeson Ondengo among others and executive committee of PAG Kenya from acting, utilizing the PAG church funds or running and operating any church bank account.
