Trouble is brewing in the house of God at the giant Presbyterian Church of East Africa (PCEA) as its topmost clerics are set to face cross-examination by the plaintiff lawyer after they were arraigned for contempt of court charges.
The duo of Thegu Mutahi and Robert Waihenya are accused of ignoring Lady Justice Asenath Ongeri’s orders restraining them from installing church elder David Nderitu Ndumo who has a court case involving him securing a huge loan originally a mounting to Sh 5.3 million and defaulting on it subjecting 15 guarantors to pay instead.
The over 5-year loan amount has since soared to over Sh 8 million inclusive of interest as well as court charges.
The case is a major set back to the leadership tainting the name of the board and putting a hollowed space of God in a state of desecration.
According to the plaintiff Benjamin Mburu, elder Ndumo was too tainted to assume such important office thus the reason he rushed to court to restrain the leadership from installing elder Ndumo who was to take charge of a church budget of over Sh 1 billion.
“David Nderitu Ndumo is tainted with indebtedness of Sh 7,246,259 to 15 guarantors in Nairobi,” reads part of the petition by Mr Mburu in filed court documents.
The hearing on the April 2 will also see the court server testify on how he served both Mr Mutahi and Waihenya with the restraining orders between the 8-9 April last year.
In an affidavit of service Mr Josphat Simeon Mutunga details how he went to the St Andrew’s Church Nairobi to serve the two only to find one Patricia Karanja who informed him of being the PCEA Legal Officer.
He served her with a copy of the document and later on went to see Rev. Waihenya at Serena Hotel where the Secretary General also got a copy and signed accordingly.
Efforts to reach Rev Mutahi on that day were fruitless as he declined to disclose his whereabouts through a phone call.
But the following day Mr. Mutunga served the Moderator with the restraining orders via his WhatsApp number in details in the affidavit.
Lawyer Andrew Mochu will get to cross examine both the witness as well as the defendants to prove the content charges against the two church leaders.
The court has since granted witness summons to compel the attendance of Mr Mutunga the Process Server to attend in court on April 2, 2025 for cross examination.
