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Nuns lose battle with priest on church assets

Tuesday December 20 2011

By Nation Correspondent

A group of Catholic nuns have lost their bid to stop a priest from running four church institutions.

The Assumption Sisters of Nairobi sued Father William Charles Fryda over claims of harassment, intimidation and mismanagement of funds.

Lady Justice Roselyne Nambuye ruled that what the nuns were asking for was not properly argued in the petition thus she could not issue a ruling to stop Father Fryda from running the institutions.

No receivership

Justice Nambuye also dismissed a request by the nuns to have the institutions put on receivership, saying that a similar case is before a Nakuru court and was not made part of the petition in Nairobi.

The nuns filed the petition seeking to restrain Fr Fryda from controlling St Mary’s Mission Hospitals in Nairobi and Elementaita, St Mary’s Education Centre and Regina Pacis University College, a constituent college of the Catholic University.

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They also sought orders to stop the priest from holding titles of three parcels of land in Langata, Elementaita and Sagana in Kirinyaga.

The nuns want the court to compel him to produce audited accounts from the two hospitals.

The nuns argued that Fr Fryda and other senior employees had repeatedly and provocatively engaged in insults and misconduct.

They claimed that Fr Fryda had refused to account for the funds generated from the hospitals since 2009.

They wanted the court to appoint Dr David Peter Githanga and Dr Jane Kabutu Gatumbu as joint receiver managers for the two hospitals respectively.

However, Justice Nambuye dismissed all the claims by the nuns but allowed them to amend the petition and consolidate the case with a similar one pending before a Nakuru court.