The Milimani Law Court is set to hear a contempt of court case against two top officials of the Presbyterian Church of East Africa (PCEA) on November 26. The case involves PCEA Secretary General Rev. Robert Waihenya and Church Moderator Thegu Mutahi, who are accused of installing David Nderitu Ndumo as Honorary Treasurer in violation of a court injunction.
The application, brought forward by church member Benjamin Njoroge Mburu, alleges that the officials committed a serious offence by disregarding a lawful court order that barred Ndumo’s installation. The hearing presided over by Lady Justice Tabitha Wamalwa, took place online after a video of Ndumo’s installation could not be presented due to technical difficulties.
The submitted video reportedly shows the officials proceeding with the installation despite being served with the injunction. Renowned PCEA cleric Rev. Timothy Njoya was seen protesting the installation but was directed back by the Moderator.
Legal representatives for the applicant stressed the importance of adhering to court orders to maintain societal order. They questioned why church leaders, who are expected to set an example, would choose to defy such orders. The case was previously handled by Lady Justice Asenath Ongeri, who has since been reassigned.
Ndumo is also facing a separate case at the Cooperative Tribunal, accused of defaulting on a Sh5.3 million loan from Sheria SACCO, which has since ballooned to Sh7.8 million with interest. His assets, including three cars, have been targeted for auction to recover the debt.
The Milimani Court had previously ordered Rev. Mutahi to appear regarding the contempt charges after he ignored Justice Ongeri’s orders prohibiting Ndumo’s appointment. The injunction, issued on April 8, explicitly restrained the officials from proceeding with Ndumo’s election as Treasurer during the church’s 24th General Assembly held on April 9, 2024.
