PCEA clerics to face court over defiance in leadership dispute

The High Court has scheduled the cross-examination of Presbyterian Church of East Africa (PCEA) Moderator Thegu Mutahi and Secretary General Robert Waihenya for April 2 in a contempt of court case.

The two are accused of defying court orders that barred them from installing elder David Nderitu Ndumo as honorary treasurer.

The case stems from an ongoing legal battle involving Ndumo, who allegedly defaulted on a Sh5.3 million loan from Sheria SACCO.

 Despite a court injunction, the clerics proceeded with his installation, prompting legal action.

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The hearing was postponed to allow court process server Joseph Simeon Mutunga to testify on how he served the defendants with the court order.

 In his affidavit, Mutunga states that on April 8 last year, he delivered the injunction orders from Lady Justice Asenath Ongeri to PCEA legal officer Patricia Karanja at St Andrew's Church in Nairobi.

He later served Waihenya at Serena Hotel, where the secretary general signed the document at 7:15 p.m. the same day.

Mutunga claims Karanja facilitated the meeting with Waihenya. He further explains that he faced challenges locating Mutahi, who declined to disclose his whereabouts on April 8 and 9.

Eventually, Mutunga served him through his mobile phone and provided WhatsApp screenshots as evidence.

The disputed installation of Ndumo has sparked divisions within the church, with some faithful opposing the move.

 In a petition before the High Court, church member Benjamin Mburu argues that the appointment violates the church’s integrity standards, citing past cases where individuals with financial disputes were barred from leadership roles.

“The said Ndumo is tainted with indebtedness of Sh7,246,259 to 15 guarantors in Nairobi,” reads part of the petition by Mburu.

The debt has since grown to over Sh8 million, including interest, court costs, and auctioneers’ charges.

Thegu and Waihenya will be cross-examined by plaintiff lawyer Andrew Mochu in two weeks to explain why they ignored the court’s restraining orders during the General Assembly last year.

 The court has since granted witness summons to compel the attendance of Mutunga the Process Server to attend court on April 2, 2025, for cross-examination.