The High Court has sentenced two leaders of the Presbyterian Church of East Africa (PCEA) to jail for contempt, after disobeying the orders that barred the installation of the church’s Honorary Treasurer.
PCEA Secretary General Rev. Dr. Patrick Waihenya and Moderator Rev. Patrick Thegu Mutahi were convicted following the court’s discovery that they willfully ignored explicit judicial directives stopping the installation of David Nderitu Ndumo into the influential financial position.
The Milimani Court Judge Stella Mutuku sentenced Rev. Dr. Patrick Waihenya, who presided over the installation ceremony, to three months’ imprisonment with an alternative fine of Sh150,000. Rev. Mutahi on the other side, was sentenced to one month in jail or a Sh100,000 fine.
The proceedings of the contempt came from a petition filed by one of the church members, challenging the manner in which Ndumo was nominated and installed.
According to the petitioner, the nomination was against the PCEA’s internal governance structures and was undertaken while the matter was still pending before the court. As a result, the High Court issued interim orders restraining the church from proceeding with the installation process until the dispute was fully heard and determined.
However, the installation ceremony went ahead despite the existence of the orders. It took place in a church service attended by Senior clergy and congregants, prompting the petitioner to return to the court seeking enforcement.
Delivering the ruling, the judge underscored that court orders are binding on all persons and institutions, regardless of their status or position.
The court noted that obedience to judicial authority is fundamental to the rule of law and also warned that allowing disobedience would undermine public confidence in the justice system.
The sentence comes at a time of ongoing leadership and governance disputes within the PCEA, which is among Kenya’s largest protestant denominations. The sentence also marks a very rare instance where senior religious leaders have been subjected to custodial sentences for contempt of court.
Meanwhile, an application has been filed by a separate PCEA cleric, Moses Ndegwa, seeking a stay of the ruling, with the applicants arguing procedural flaws in the original contempt proceedings.
The court is expected to give further directions on the matter in the coming days.
