Presbyterian Church of East Africa leaders Rev Robert Waihenya and Rev. Thegu Mutahi are risking jail terms after the High Court set February 17 as a hearing date for their contempt of court charges.
This is after Lady Justice Stella Mutuku took over the case at the Civil Division upon the transfer of two previous Judges hearing the case.
The two are in court after a church member Benjamin Noroge represented by counsel Andrew Mucho filed a case of contempt as they are accused of installing church elder David Nderitu Ndumo despite an injunction restraining them from doing so last April.
Incidentally, Mr Ndumo had a pending court case at the Cooperative Tribunal where he had been accused by 15 guarantors for failing a Sh 5.6 million loan they guaranteed him at Sheria SACCO.
The amount of the loan Mr Ndumo owes had since increased to Sh 8.3 million after it accrued interest and court processing charges.
During the last 24th General Assembly in April 2024, the two Church leaders went ahead to install elder Ndumo as Honorary Treasurer despite being served the injunction orders in an event attended by President William Ruto and his former deputy Rigathi Gachagua.
Whilst allowing the contempt charges against the two, the Lady Justice Asenath Ongeri who was handling the case warned that court orders must be obeyed and anyone who defies them must be punished severely.
She rejected attempts by the two to have an out of court settlement after lawyer Mucho argued that contempt charges were a violation of the court itself and not the litigants.
