Father John Pesa, the founder of the Holy Ghost Coptic Church of Kenya, won in court in a dispute against Kisumu County Government.
This came after the Kisumu County Government, led by Anyang’ Nyong’o, lost a petition against the pastor before the Winam Law Courts.
The county had petitioned to have the Coptic Church in Kisumu demolished after accusing Pesa of illegally holding mentally ill people in his church.
Senior Principal Magistrate Fatuma Rashid dismissed the application, ruling that it lacked merit.
She further stated that the Winam Law Courts lacked the jurisdiction to hear a matter of such a nature.
The magistrate stated that because the matter included the Bill of Rights, it could only be decided by a higher court.
She stated that the imprisonment of ill individuals at a church institution represented a conflict between the freedom to religion and the right to health, both of which are guaranteed by the Constitution’s Bill of Rights.
“In the end, I conclude the application herein lacks merit for absence of procedure. “The application is dismissed with no cost orders,” the magistrate said.
In the petition, the county government sought the court to invoke the Public Health Act CAP 242 which outlines the prevention and suppression of diseases.
The county administration recommended that the church be demolished immediately, claiming that it presented a risk to people both within and outside the church.
