By Andrew Kariuki
The High Court has handed jail terms to two senior officials of the Presbyterian Church of East Africa (PCEA) after finding that they deliberately disobeyed court orders stopping the installation of David Nderitu Ndumo as the church’s Honorary Treasurer.
Justice Stella Mutuku convicted PCEA Secretary General Rev. Dr. Patrick Waihenya and Moderator Rev. Patrick Thegu Mutahi for contempt of court over their role in proceeding with the disputed installation during the church’s 24th General Assembly in April 2024.
In sentencing, the court ordered Rev. Dr. Waihenya to serve three months in prison or pay a fine of ksh150,000, while Rev. Mutahi was sentenced to one month in jail or a fine of ksh100,000. The judge held that the penalties were necessary to underscore the authority of court orders.
Justice Mutuku found that the two officials knowingly ignored injunctive orders issued on April 8, 2024, which barred the installation of Ndumo.
The ceremony went ahead the following day at St Andrew’s Church in Nairobi during a service attended by President William Ruto.
“This court cannot tolerate open defiance of its orders. Court orders are binding and must be obeyed,” the judge said while delivering the sentence.
The contempt case was filed by Benjamin Njoroge Mburu, a PCEA member, who accused the officials of proceeding with the swearing-in despite being aware of the restraining orders.
Mburu argued that the officials’ actions undermined the rule of law and judicial authority.
In her ruling, Justice Mutuku rejected claims that the respondents were not properly served or were unaware of the orders.
She held that service through electronic means, including WhatsApp and email, was valid under the circumstances and complied with the Civil Procedure Rules.
The court noted that video evidence showed the existence of the court order was mentioned during the General Assembly, yet the installation ceremony proceeded regardless.
The judge concluded that the disobedience was intentional.
Justice Mutuku also dismissed arguments that the contempt had been remedied, observing that the installation had not been reversed and that Ndumo continued to act as the church’s treasurer.
The underlying dispute arose from a petition by Mburu challenging Ndumo’s nomination on integrity grounds.
Mburu cited an ongoing case before the Cooperative Tribunal in which Ndumo is accused of defaulting on a ksh7.4 million loan owed to Sheria Sacco, allegedly leaving guarantors to settle the debt.
Mburu further argued that allowing Ndumo to hold office violated the PCEA Constitution, the church’s election policies, and the Societies Act, pointing to past instances where nominees facing legal disputes were barred from leadership positions.
In the end, the court held that the conduct of the two church leaders amounted to a clear and deliberate disregard of judicial authority, warranting their conviction and sentencing for contempt of court.
