There was drama at the St Andrews Church, Nairobi County on Tuesday afternoon when Reverend Timothy Njoya of Presbyterian Church walked out of the 24th General Assembly after the moderator defied court orders stopping him from installing Honorary Treasurer David Ndumo.
The event which was graced by President William Ruto and his Deputy Rigathi Gachagua saw Njoya storm out of the function in protest after the moderator of the Presbyterian Church of East Africa (PCEA) Patrick Thegu Mutahi went ahead to instal Ndumo as the church Treasurer against a court order issued on Monday, April 8, 2024, by Lady Justice Asenath Ongeri.
According to Njoya, the installation of Ndumo as the church's treasurer is illegal as it went against the court orders issued on Monday by the High Court.
Justice Ongeri had issued orders barring Reverend Patrick Thegu Mutahi and Robert Waiheya both moderator and secretary general of the PECA church respectively from swearing in Ndumo as the treasurer.
"Pending inter-partes hearing of this application, an order is issued restraining the 1st and 2nd Respondents(Mutahi and Waiheya) either by themselves, agents employees or servants from implementing the Nomination Committee's /Business Committee's recommendation to the General Assembly to elect, appoint or install David Nderitu Ndumo as Honorary Treasurer of the Presbyterian Church of East Africa (PCEA) during the (24th) General Assembly to be held at St Andrew's Church Nairobi on April 9, 2024," the judge ordered.
The interim orders were issued after Benjamin Njoroge Mburu, a member of the PCEA in Kikuyu Town, petitioned the Milimani High Court challenging the nomination of Ndumo as a church official since he has a case pending in court for defaulting to pay a loan of Ksh7.4 million 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 filed in court states.
Mburu told the judge that Ndumo is a judgment-debtor and is indebted to the 15 claimants including Juma Olago, Charles Maina, Jane Njoroge and Benjamin Ombogo in Nairobi and reflected in Cooperative Tribunal Case Number 727 of 2019.
The court papers state that the 15 guarantors sued Ndumo on November 28, 2019, stating that he borrowed various loans from Sheria Sacco between March 14 and August 7, 2018, amounting to Ksh5.8 million.
But Ndumo has completely failed to service the loan despite several demands, forcing the guarantors to repay the money.
The petitioner now says that the nomination and recommendation for the appointment of Ndumo was murky and inconsistent with the Nomination Committee's and Business Committee's previous practice and policy of rejecting persons involved in court disputes for appointment into office.
"For instance, on December 11, 2014, the Business Committee declined the nomination of Rev. Francis Njoroge as moderator of the General Assembly for being a director of Milele Ventures Limited which had been sued by Kambui Presbytery," Mburu informed the court.
He adds that that the installation of Ndumo as Honorary Treasurer during the proceedings of PCEA's 24th General Assembly on Tuesday violates the PCEA's officials' election and nomination policy; the Constitution of PCEA; Section 23 of the Societies Act; and the plaintiff's right to access services of reasonable quality from the holder of Honorary Treasurer office.
He now wants the court to declare that the nomination and recommendation for the appointment of David Nderitu Ndumo as Honorary Treasurer of the Presbyterian Church of East Africa (PCEA) was in violation of the Constitution of PCEA, PCEA's officials' elections policy and the Societies Act.
The case will be heard on April 16, 2024.
