Two senior leaders of the Presbyterian Church of East Africa (PCEA) have been jailed after the High Court ruled that they deliberately ignored court orders barring the installation of the church’s Honorary Treasurer.
Milimani High Court Judge Stella Mutuku sentenced PCEA Secretary General Rev. Dr. Patrick Waihenya to two months in jail or a fine of Sh150,000, while Moderator Rt. Rev. Patrick Thegu Mutahi was handed one month in jail or a Sh100,000 fine, payable within 30 days, after finding them guilty of contempt of court.
The court held that the two officials willfully violated interim injunctive orders issued on April 8, 2024, which restrained the church from installing David Nderitu Ndumo as Honorary Treasurer during the PCEA’s 24th General Assembly held on April 9, 2024 at St Andrew’s Church, Nairobi in a ceremony attended by President William Ruto.
“This court will not take lightly anyone who disregards court orders. A message must be sent to teach those who dare a lesson,” Justice Mutuku said while delivering the sentence.
“I must say that a message must be sent to teach those who dare, a lesson. Court orders are not optional but mandatory,” she added.
In a strongly worded ruling, the judge faulted the two clergymen for failing to uphold the authority of the court despite occupying senior leadership positions within the church.
“The 1st and 2nd contemnors are not ordinary congregants in the PCEA. They are leaders. Shepherds of their flock in their different capacities,” Justice Mutuku ruled.
She noted that their conduct was subject to scrutiny not only by church members but also by the wider public.
“For them, leading by example is not optional; it is a responsibility they are expected to uphold, and they ought to know better,” the judge said.
Addressing Rev. Mutahi’s role as Moderator and spiritual head of the church, the judge stated:
“The fact that Rev. Mutahi is the Moderator of the General Assembly and the spiritual leader of the Church is reason enough for him to take a higher responsibility to ensure that court orders are obeyed. All congregants and PCEA followers must look up to him and other top church leaders for spiritual guidance and the exhibition of leadership beyond reproach.”
The contempt case was filed by Benjamin Njoroge Mburu, a PCEA member, who accused the two officials of proceeding with the swearing-in of Ndumo despite being served with the court order.
Justice Mutuku dismissed claims by the respondents that they were not properly served, holding that service through WhatsApp and email was lawful under the Civil Procedure Rules given the circumstances.
“I am satisfied that the court order issued on April 8, 2024 was disobeyed and that the disobedience was deliberate,” the judge ruled.
She further noted that video evidence placed before the court showed that references to the court order were raised during the General Assembly but were ignored.
“I am persuaded that the respondents proceeded with the installation process while aware that there was a court order restraining that process,” she said.
The court also rejected arguments that the contempt had been “purged,” observing that the installation had never been reversed and that Ndumo continued to be treated as the church’s treasurer.
The dispute stems from a petition filed by Mburu challenging Ndumo’s nomination on integrity grounds, citing an ongoing Cooperative Tribunal case in which Ndumo is accused of defaulting on a loan owed to Sheria Sacco.
“David Nderitu Ndumo is tainted by the Tribunal suit, indebtedness, dishonesty and lack of accountability towards the fifteen (15) claimants who guaranteed his loan facility and thus is incapable of offering the Plaintiff and the Church reasonable or quality services as Honorary Treasurer,” the petition states.
Mburu told the court that Ndumo is a judgment-debtor in Nairobi Cooperative Tribunal Case No. 727 of 2019, owing 15 guarantors, including Juma Olago, Charles Maina, Jane Njoroge and Benjamin Ombogo.
Court papers indicate that the guarantors sued Ndumo on November 28, 2019, stating that he borrowed loans from Sheria Sacco between March 14 and August 7, 2018, amounting to Sh5.8 million, and later defaulted, forcing the guarantors to repay the debt.
Mburu further argued that Ndumo’s nomination violated the PCEA Constitution, the church’s election policies and the Societies Act, noting that the church had previously barred candidates facing litigation.
“For instance, on December 11, 2014, the Business Committee declined the nomination of Rev. Francis Njoroge as Moderator for being a director of a company facing litigation,” Mburu told the court.
In upholding Mburu’s application, Justice Mutuku emphasized that contempt of court strikes at the heart of the rule of law.
“For the above reasons, I hereby find the 1st and 2nd respondents (Waihenya and Mutahi) in contempt of this court,” she ruled.
The judge stressed that court orders must be obeyed regardless of one’s status, warning that failure to do so undermines the authority and dignity of the judiciary.
