The contempt of court charges against top PCEA clerics; Secretary General Robert Waihenya and Moderator Thegu Mutahi at the High Court continued with the Attorney for the petitioner allowed to play videos of the 24th Generation Assembly with incriminating evidence against the two. Lawyer Andrew Mucho played video clips from the Assembly held in April 2024 showing how the Moderator defied a court order and went ahead to install the Honorary Treasurer David Nderitu Ndumo. Mr. Mochu is representing the petitioner Benjamin Mburu, a faithful who had moved to the Civil Division to have the duo answer to blatant defiance of legal court order not to install elder Ndumo until a case pending at the tribunal court against the latter was heard and determined.
Mr. Mburu had explained in his submission before Lady Justice Asenath Ongeri that it was going to portray the PCEA Church in negative light should the installation go on given Elder Ndumo had failed to repay an original loan of Sh 5.3 million from Sheria SACCO guaranteed by 15 guarantors whose salaries continued to be deducted to repay it. In the clips played before Lady Justice Stella Mutuku, Rev. Waihenya explains to the Assembly how Rev Mutahi was ready to face the consequences of disobeying the court order.“I explained to the Moderator that given the circumstances we have found ourselves in, being served with a court order not to install the Honorary Treasurers, we out to abide by the orders but he said he was going ahead with the installation and that he will take it up and that he was ready to face the consequences,” Rev Waihenya is seen explaining to delegates of the 24th general Assembly at St Andrew’s Church in Nairobi.
And true to his words, the Moderator is seen stooping any point of order being raised by delegates explaining that he had to be creative to be able to install the Honorary Treasurer. “I say there is no appendix to install the Honorary Treasurer and I said and you heard me clearly (sic) we being creative people (applause)there is no vacuum,” the Moderator Mutahi is seen announcing before he proceeds to install Mr. Ndumo. At this stage, the veteran PCEA cleric Rev Timothy Njoya is seen walking out and the Moderator commands him to come back and bow.“You come back and bow. You cannot just walk out. This is anhonourable court,” commands Njoya who obeys and bows before proceeding to walkout in an event attended by President William Ruto and impeached Deputy Rigathi Gachagua.
In the video, Rev Waihenya is seen recusing himself from installation of elder Ndumo but announcing there’s “Lacuna” but the Muguga Presbytery Moderator Rev Moses Ndegwa is quick to accuse him of dishonesty saying his service included both and that the Secretary General would have been frank to announce to the Assembly that even the Moderator shouldn’t have carried on with the installation of the Honorary Treasurer“It is unfortunate that the Secretary General would give information that it is him who was told by the courts not to induct the Honorary. The order isn’t personal, it is for you and the Moderator of the General Assembly,” pointed Rev. Ndegwa during the tense assembly held in April last year.
Previously, a court server narrated to the court how his attempt to serve Rev Mutahi directly came to a naught after the latter played hide and seek with him.“But I served Rev Mutahi through his WhatsApp messaging which is allowed in Law,” explained The court resumes on June 25 where directions shall be given regarding the two.
