By fire by force: PCEA official sworn in at function attended by Ruto despite court injunction
The ceremony took place at the church's headquarters, St Andrews' Parish in Nairobi.
A senior elder of the Presbyterian Church of East Africa (PCEA) was on Tuesday sworn in as the church's honorary treasurer, despite a court order barring him from taking up the post.
The ceremony took place at the church's headquarters, St Andrews' Parish in Nairobi, and was attended by President William Ruto.
The elder, Mr David Nderitu Ndumo, was sworn in during the church's twenty-fourth General Assembly. He will now oversee the church's Sh1 billion annual budget.
So tense was situation that when Mr Ndumo was called to the podium to take the oath, the veteran cleric Timothy Njoya stormed out of the assembly in protest, forcing the moderator of the General Assembly to call him to bow before the altar.
"Did Reverend Dr Njoya bow? Can you come back and bow, this is an honourable court. You do not have to come here, you can bow from where you are," he said.
Dr Njoya turned around, walked to the altar, bowed and then walked out in a huff.
"I walked out in protest because his induction (Elder Ndumo's induction) compromised the image, integrity, reputation and dignity not only of the PCEA but of the whole Church of Jesus Christ. I stood for the same principles and values that I stood for in the Moi government to follow Christ even at the risk of my life," Reverend Njoya told the Nation in a telephone conversation after leaving the assembly.
The Nation has learnt that the bone of contention arose after Mr Ndumo took a loan of Sh5.8 million, listed 15 guarantors and is accused of failing to repay forcing his guarantors to chip in.
Most of these guarantors are church members who took him to the Cooperative Court in 2019.
The loan has now risen to over Sh7.6 million.
In an initial ruling by the tribunal, Mr Ndumo's properties including his three cars - a Toyota Pass, Nissan Latio and a Toyota Prado - were to be auctioned by Wright Auctioneers to help pay off the loan.
However, the defendant told the court that he had never been served with court papers by the plaintiffs and sought an injunction against the auction of his assets.
The move was opposed by the guarantors, who argued that the church elder had misled the court to obtain the order.
"From the outset, I wish to state that the applicant has failed to show any compelling reasons to warrant the setting aside of the judgment and consequential orders," the guarantors, through lawyer Wambugu Wanjohi, told the court in March.
Mr Wanjohi said the accused only approached the court when the guarantors decided to execute the judgment and order for the auction of his property.
He further said that the claim was filed in 2019 under a certificate of urgency and that he was served with the order on January 15, 2020 in Nyeri town, where he accepted service by signing the principal copies and an affidavit of service.
However, Mr Ndumo is accused of faileing to service the loan despite several notices compelling the guarantors to repay the money.
The guarantors, including Juma Olago, Charles Maina, Jane Njoroge and Benjamin Ombogo, asked the court to dismiss Mr Ndemo's application and allow the auctioneer to sell the seized items.
The auctioneers had already raided Mr Ndumo's home in Marururui Estate and seized items including electronics, furniture and cars to be sold to recover the loan deducted from the guarantors.
However, the guarantors' application could not be heard last week due to the expiry of the term of office of the vice-president of the tribunal, resulting in a lack of quorum in the tribunal, forcing the matter to be adjourned to this week.
This fact forced the guarantors to rush to the High Court on Monday April 8, 2024 seeking an order to prevent the swearing in of the recently elected Honorary Treasurer, Mr Ndemo.
"Pending the hearing of this application by the parties, this Honourable Court is pleased to make an order restraining the first and second respondents (the Secretary General of PCEA and the Chairperson of the General Assembly) either by themselves, their agents, employees or servants from implementing the recommendation of the Nominations Committee / Business Committee to the General Assembly to elect, appoint or install David Neritu Ndumo as Honorary Treasurer of PCEA during the 24th General Assembly to be held at St Andrew's Church Nairobi on April 9, 2024," Lady Justice A. N Ongeri ruled.
A day after the ruling, Mr Ndumo was sworn in as the church's honorary treasurer.
