Church property dispute: Nyeri court declines to evict clergyman from land

Church elder Solomon Shikanda (left) and Pastor Joel Wairire (right) outside the Nyeri Law Courts on October 6, 2016. They are supporters of Rev Paul Mwangi Njogu, who has been sued by the Neno Evangelism Centre over church property. PHOTO | FAITH NYAMAI | NATION MEDIA GROUP

What you need to know:

  • The church also wants the clergyman ordered to surrender all its properties, including the title deed of the land where the church structure stands, sound equipment, generators and a motor vehicle.
  • In addition, the church wants a permanent injunction restraining the clergyman and his agents from entering the church premises.

The High Court in Nyeri refused Thursday to issue an eviction order against a clergyman accused by an evangelical church of contravening the church’s constitution.

Pastor James Ng’ang’a’s umbrella church, the Neno Evangelism Centre, has sued Rev Paul Mwangi Njogu for breaching its authority in a number of ways, including removing its signboard bearing the names "Neno Evangelism Centre Karatina Branch" and erecting a different sign reading "Kingdom of God Manifestation Centre".

Justice Lucy Waithaka of the Environment and Land Court said issuing an eviction order at this point would be the same as determining the case.

The court took note of the fact that the “status quo should be maintained pending determination of this case.”

Through lawyer Cliff Oduk, Neno Evangelism is also alleging that Rev Njogu fraudulently transferred and registered the church's automobile under his name.

The church is arguing that the agreement entered into between Neno Evangelism and Rev Njogu was governed by Neno Evangelism's constitution, whose dispute-resolution mechanism has been exhausted by the plaintiff.

The church wants Rev Njogu ordered to surrender its properties, including the title deed of the land where the church property stands, sound equipment, generators and the automobile.

In addition, they want a permanent injunction restraining Rev Njogu and his agents from entering, fencing, building, selling, developing, disposing, and transferring and or in any other way interfering with the land where the church structure stands.

Through his lawyer, James Kihara, Rev Njogu asked the court not to grant the orders now and requested to be allowed to file his response.

About 100 members of the church went to the court to show solidarity with Rev Njogu. Solomon Shikanda, a church elder, told the Nation that some followers separated from the main church because they are not happy with the controversies surrounding Pastor Ng’ang’a.

The case will be heard on November 18.