Anglicans not ready to take back priests accused of being gay, court told

From left: Rev James Maina Maigua, Archdeacon John Njogu Gachau, and Rev Paul Mwangi Warui at Nyeri Law courts on September 9, 2016. The Anglican Church of Kenya has said it is not ready to welcome back the three priests who were cleared of allegations of being homosexuals. PHOTO | FAITH NYAMAI | NATION MEDIA GROUP

What you need to know:

  • Anglican Church of Kenya Trustees’ lawyer Syphurine Nyongesa Mayende said believers will not trust the priests.
  • Justice Byram Ongaya ordered the church to reinstate the priests.
  • The three priests were ordered to report to the Mt Kenya West Diocese Bishop Joseph Kagunda by October 1, 2016 for redeployment.
  • They said the church trustees have not demonstrated how they will suffer substantial loss as they told the court.

The Anglican Church of Kenya is not ready to welcome back three priests who were cleared of allegations that they were homosexuals.

Anglican Church of Kenya Trustees’ lawyer Syphurine Nyongesa Mayende said believers will not trust the priests.

The trustees were in court Tuesday seeking to stay the judgement issued by the Labour court on September 9 pending an intended appeal.

Justice Byram Ongaya ordered the church to reinstate Archdeacon John Njogu Gachau, the Rev James Maina Maigua and the Rev Paul Mwangi Warui.

Justice Ongaya also ordered the church to pay a total of Sh6.8 million, being accrued salary since August 2015 when they were sacked and compensation for psychological trauma, by December 1, 2016.

The three priests were ordered to report to the Mt Kenya West Diocese Bishop Joseph Kagunda by October 1, 2016 for redeployment.

However, the trustees told the court that they did not agree with the judgement and were not ready to take them back.

The church trustees added that they are not the employers of the priests, despite the court having declared them the right party to have been sued by the priests.

NO KNOWN INCOME

“If they are paid the monies the claimants may not be able to repay it in the event our appeal succeeds because the claimants are people of unknown income means,” argued Mr Mayende.

They are also questioning the jurisdiction of the court to issue the orders.

However, the three priests through lawyers David Onsare and Moraa Onsare opposed the application of stay.

They said the church trustees have not demonstrated how they will suffer substantial loss as they told the court adding that they (trustees) stand to lose nothing.

Mr Onsare said the priests deserve to be paid.

According to Mr Onsare, after the judgement was delivered, the priests personally went to Bishop Kagunda but he told them he had not received any orders from the court.

According to the trustees, telling the church to reinstate them is like telling it to slam a revolving door.

Justice Ongaya will deliver the ruling on Friday.