Anglican church want homosexuality case heard afresh

The Anglican Church of Kenya wants case involving three priests accused of being homosexuals heard afresh.

Through lawyer Syphurine Nyongesa, the church's trustees made an application to the Labour court seeking to have the proceedings and evidence given in court by the three priests on May 11 set aside to allow them to cross-examine them.

Mr Nyongesa argued that the hearing was heard exparte and without their knowledge which was occasioned by their failure to diarise the hearing date.

“The church trustees are apprehensive that the judgment shall be entered in favour of the claimants since the case was heard in its absence. The church has good defence to advance in respect to the claim. The claimants shall not suffer any prejudice if the orders requested are granted,” said Mr Nyongesa.

The ends of justice, said Mr Nyongesa, would be served better by staying the proceedings.

“It is in the interest of justice that the church be given an opportunity to present its entire case and test the veracity of the claimant’s evidence so that the court can determine the case on the basis of all the facts in dispute,” said Mr Nyongesa.

However, yesterday, the three priests, each through Wonge Onsare and co advocates, objected to the setting aside of the May 11 proceedings and the hearing afresh of the case.

In their affidavits, Rev James Maina Maigua, Rev Paul Mwangi Warui and Archdeacon John Njogu Gachau said the church had been aware of the hearing dates and its failure to attend court on the requisite days was deliberate.

“The respondents have failed to prove to this court that failure to attend court was for reasonable cause but further cemented the fact that it was a glaring case of professional negligence,” said Rev Gachau.

Their lawyers Moraa Onsare and David Onsare, in their submissions, have indicated that the priests have proven their case and the court should ignore the church trustees’ application.

“The application endangers the philosophy of bringing litigation to an end. It should fail and dismissed as its intention is to frustrate the claimants and further defeat the ends of justice,” said Ms Onsare.

The three were suspended and their preaching licences withdrawn by the church on September 3, last year after they were accused of being homosexuals.

The case will be mentioned on Friday.