The jail sentencing following a show cause notice to Presbyterian Church of East Africa (PCEA) elder David Nderitu Ndumo by the Cooperative Tribunal will be heard on January 29 after Mr. Ndumo complained of trouble with uploading his response on the Judiciary E-Filing System.
Mr. Ndumo was to show cause why he should not be committed to civil jail after he failed to pay Sh 8.3 million he had borrowed from Sheria SACCO.
The original loan was a sum of Sh 5.6 million by 15 guarantors who had gone court to seek orders compelling him to pay or face jail.
The loan is a a total of three different loans secured in 2018 and has been a subject of litigation since 2019 until last month when a show cause notice was ordered with Mr. Ndumo risking jail term and foregoing his liberties.
“Whereas the Decree Holders, have made application to this court for your Personal Arrest and Committal to Civil Jail for failing to pay Decretal sum of Sh 8,326,042.46 in the execution of the decree in the above case, this is to give you notice that you must appear in this court,,,” read a section of the Show Cause notice signed by the Deputy Registrar of the Cooperative Tribunal.
In a case 727 of 2019 of Juma Olago and 14 others, the guarantors had moved to court to seek for orders to have Ndumo forced to repay the loan or be jailed.
The guarantors will have to wait for another week before they know if their monies will be refunded or if the person they trusted and guaranteed his loans against their own salaries will serve term in jail.
Last April, a member of the PCEA Church moved to the High Court to stop the installation of Mr Ndumo as the Honorary Treasurer pending the hearing and determination of the case at the Cooperative Tribunal.
A court injunction was secured in a case that was before Lady Justice Asenath Ongeri but the Church leadership in defiance of the injunction went ahead with the installation.
The contempt of court charges ensued and are now before the high court against PCEA General Assembly Secretary General Robert Waihenya as well as Moderator Patrick Thegu Mutahi.
