Kenya’s Presbyterian Church of East Africa (PCEA), one of the country’s largest Protestant denominations, has filed an urgent application to stop the sentencing of its two most senior leaders after they were found guilty of contempt of court in a protracted leadership row.
The church’s moderator, Rt Rev Patrick Thegu Mutahi, and secretary general, Rev Dr Robert Waihenya, face potential fines or imprisonment after defying a 2024 court order that barred the installation of David Nderitu Ndumo as honorary treasurer.
The pair were found guilty last month by High Court judge Stella Mutuku, who ruled they had knowingly disobeyed judicial orders during the church’s 24th General Assembly in April 2024.
Last-minute intervention
In a fresh filing, PCEA Muguga Parish minister Rev Moses Mwaura Ndegwa has asked the court to halt tomorrow’s scheduled sentencing and review the entire case.
Ndegwa, who also serves as moderator of Muguga Presbytery, argues that the original petitioner, Benjamin Mburu, lacked legal standing to bring the suit because he was never a member of the PCEA Kikuyu Township Congregation, as he claimed.
“The plaintiff was not a member of the Kikuyu Township Congregation of the Presbyterian Church of East Africa as he alleged,” the application states. It adds that Mburu “lacked the capacity to file this suit from the beginning.”
Ndegwa seeks to be joined as an interested party, saying key evidence proving Mburu’s non-membership was “inadvertently left out” earlier. He warns that proceeding with sentencing without hearing his application would cause “irreparable loss and damage” to the church and its leadership.
If granted, the court would stay all proceedings from the November contempt ruling, set aside the guilty verdict, and potentially dismiss Mburu’s case entirely.
Roots of the dispute
The controversy began in early 2024 when Mburu obtained a temporary injunction blocking Ndumo’s installation, citing alleged violations of church rules on leadership and financial oversight.
Ndumo faced separate legal challenges at the time, including claims from guarantors in a co-operative tribunal matter.
Despite the court order, church leaders proceeded with the installation at St Andrew’s Church in Nairobi during the General Assembly.
Mburu returned to court accusing the leadership of deliberate defiance, leading to contempt proceedings against Mutahi and Waihenya.
The November 28 ruling confirmed their guilt, highlighting the wilful nature of the disobedience.
Broader implications
Under Kenyan law, contempt of court carries penalties ranging from fines to jail terms, designed to uphold judicial authority.
The PCEA, with roots dating back over a century and a membership spanning millions, has faced internal tensions in recent years over governance and financial matters.
Church sources say the latest application reflects deep concern that punishing the moderator and secretary general could destabilise operations at a critical time.
The High Court is now expected to rule urgently on whether to admit Ndegwa’s intervention and suspend tomorrow’s sentencing.
Neither the church leadership nor Mburu’s representatives were immediately available for comment.
