Blow to Methodist Church as it loses Sh240,000 payout case

The Methodist Church suffered a blow Friday after a court forced it to compensate a former pastor sacked for engaging in premarital sex.

The church had challenged a ruling that ordered it to pay the preacher Sh214,000 over unfair dismissal.

But Justice Nzioki wa Makau of the Labour court in Nyeri rejected the application.

DEFENCE

The church had argued that it was not aware of the case filed by the 31-year-old evangelist since it was not served with court documents.

Through lawyer Wabandi Gacheru, the church wanted to be granted permission to enter appearance in the case so as defend its decision to sack the preacher.

“The case proceeded undefended and the judgement was entered against the church. We want the court be pleased to review, vary and set aside that ex-parte judgment,” lawyer Gacheru told the judge.

He observed that allowing execution of the judgment, the church would suffer irreparable damage, prejudice, hardships and be condemned unheard. He added that the church was denied rights to fair trial and natural justice.

The lawyer explained that the church learned about the case upon service with the court order on October 24, 2018 requiring it to pay the evangelist for dismissing her from pastoral duties.

The superintendent minister of the church in Central Kenya, Wilson Njagi, also denied that the church chairman was served by a court process server with the court documents on April 30, 2018 before hearing of the case commenced.

'DELAY JUSTICE'

But Justice Makau, in his ruling Friday found that the church through its official a Mr Kamau was served with the documents repeatedly and declined to acknowledge receipt.

“Even after considering the arguments advanced by the church, there is a draft defence which upon analysis does not disclose any triable issue for my consideration.

"The chairman who has been served repeatedly and declined to acknowledge receipt is the bane of the respondents as they would suffer the consequences of execution as I decline to set aside. The respondents are undeserving of the exercise of my discretion to set aside the judgment,” said Justice Makau.

The preacher, through lawyer Gitonga Muthee, was also opposed to the application asserting that the church was properly served and had been unwilling to cooperate when served and the application was therefore an attempt to delay justice.

The preacher was sacked through a letter dated November 1, 2017 which was signed by Reverend Wilson Njagi, for the Synod Bishop. The letter indicated that she failed to behave as an evangelist by engaging in premarital sex.

“As noted, you did a church wedding on May 27, 2017 and you gave birth in the month of October the same year. That is five months instead of expected nine months,” the dismissal letter read in part.

'MORAL STANDARDS'

It added: “After investigations, it was noted the pregnancy had gone full cycle of nine months, showing you involved yourself in sex before marriage far much before your wedding, thus compromising the moral standards of the church which you are supposed to uphold and lead as an example to those you were preaching to as an evangelist.”

After consultation with the relevant committee, the letter further continued, it was decided that your duties and payment be terminated to maintain the moral standards of the church.

But Justice Makau ruled that it was discriminative and unlawful to sack the preacher on grounds of becoming pregnant before she got married.

The court noted that the preacher did not deny engaging in premarital sex and did not deny the fact of her pregnancy and the birth of her first born child.

The judge said the dismissal from ministerial duties was harsh in the circumstances since she was neither given the pastoral counselling or maternity leave.

The court further noted that she was not afforded the safeguard that the canons of the church made available for those who may slip and fall like she did.