Priests accused of homosexuality say church lied

Three Anglican Church of Kenya priests alleged to be homosexuals have accused the Church Trustees of lying to court that it does not employ priests.

While being cross-examined by the trustees’ lawyer Syphurine Nyongesa Mayende, Archdeacon John Njogu Gachau, Rev James Maina Maigua and Rev Paul Mwangi Warui told Justice Byram Ongaya if the trustees claim they do not employ priests, then they should tell the court who is the employer.

They each told the court, before their employment the church interviewed them and took them to theological colleges after which they were ordained as priests and given licences to officiate.

They said the licences have letter heads of the ACK church.

Rev Gachau said he was employed by the church in 1996, Rev Maigua in 2013 while Rev Wairui said he was employed in 2014 after graduating from various ACK theological colleges.

Archdeacon Gachau explained to the court that the ACK church Trustees and the Church commissioners for Kenya according to the church constitution are one and the same thing.

“The trustees are the ones who are in charge of the church properties and they also deal with any other issue including employment,” said he said.

He told the court when he was called and informed that Bishop Joseph Kagunda had called for a meeting with archdeacons in the Mt Kenya West Diocese he was not informed that he was being investigated of homosexual allegations.

“I was ambushed by the allegations and the tribunal never gave me enough time to question or defend myself, after I was told that I was found guilty and I was suspended,” said Archdeacon Gachau.

He told the court, that when he was employed as a priest the church never gave them any document explaining that the trustees are not the employers and said it is the work of the church to tell the court who is the employer.

Rev Maigua told the court when he was called he was told he is a witness but was later found guilty of homosexual claims.

“I was never asked to defend myself nor cross examine the complaint,” he said.

Rev Warui said he received salaries paid by the ACK church.

He said his suspension was unfair as the church never told him who complained against him.

The trustees lawyer Mr Onyongesa argued that the ACK church and the ACK Church Trustees are two different entities.

However the three priest through lawyers Moraa Onsare and David Onsare are arguing that they never served as independent contractors of the church.

“All through, their service was part and parcel of the staff of the church and were always under the control of and subject to the rules and regulations of the church,” said Ms Onsare.

They have sued the ACK church Trustees for their suspension without adhering to the provisions of the ACK church constitution.

Justice Ongaya ordered the Trustees to file their submissions by July 25 and the Priest to file theirs by July 29 when the case will be mentioned.