The High Court in Nakuru has dismissed a Sh20 million claim by a senior Seventh Day Adventist (SDA) pastor dismissed for allegedly practising polygamy.

The church told Justice James Rika that the SDA church stands for monogamy and God created Eve, not Eves.

On August 28, 2023, Pastor Samuel Ngugi of SDA Nakuru was dismissed; the church found out he was cohabiting with another woman who was not his wife, and having a child with her.

According to Ngugi, he was not aware that his lawful wife, Cecily, gave evidence against him, and yet she was not a complainant.

The pastor, who was 55 years old, had also been accused of embezzlement of funds, a fact that was never proved by the church in court.

Ngugi was employed by the SDA Church East Kenya Union Conference on January 1, 2001, as a Global Mission Pioneer and later promoted to District Pastor in 2008 with a salary of Sh126,086 per month.

However, he was suspended on August 24, 2023, for three months on full pay after it was alleged that he was involved in embezzlement of funds and sexual immorality (practising polygamy).

Despite responding to two show-cause letters dated April 13, 2023, and May 2, 2023, the pastor was dismissed by the SDA church Central Rift Valley Conference Trustees Executive Committee.

Subsequently, a mediation appeal between Ngugi and the SDA Church East Kenya Union Conference never bore fruit and was never called back for re-employment despite being willing to return to his pastoral work.

Aggrieved, Ngugi filed a suit through the Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Workers (KUDHEIHA) where he had joined as a member in 2022.

In the suit, Ngugi asked for reinstatement without loss of benefits.

He also asked for a salary up to the date of retirement set at 13 years amounting to Sh18,889,517, a 12 months’ salary in compensation for unfair termination at Sh1,463,039 and one month salary in lieu of notice at Sh121,086.

Ngugi said part of the Sh20 million compensation was to be utilised to offset a loan he had at the time of termination.

However, Justice James Rika dismissed the entire suit after Ngugi failed to prove he was indeed a member of KUDHEIHA union that was representing him.

“The Claimant (KUDHEIHA) has not shown that the Grievant (Ngugi) is its member. The Grievant has not shown through his evidence that the Claimant is his trade union. There is no associational link between the Claimant and the Grievant, upon which the Claimant can validly represent the Grievant in Court,” said Justice Rika.

The judge said that having established Ngugi was not a member of a trade union, it would be needless to look into the other issues concerning procedure and justification for termination.

Justice Rika noted that Ngugi failed to exhaust the existing internal dispute resolution channels before approaching the court.

In its defence, the church maintained that Ngugi was fairly and lawfully dismissed.

SDA Central Rift Conference Executive Secretary Phillip Isika told the Court that Ngugi's main charge and review were mainly on sexual immorality.

The Secretary said Ngugi was accorded several opportunities, including a disciplinary hearing, appellate proceedings and review proceedings.

Isika said the church called Ngugi’s lawful wife, Cecily, on review, but Ngugi did not attend the review meeting.

The church claimed that Ngugi declined to attend a review of his appeal before the church Central Committee and instead issued unreasonable demands upon the church while the review process was on and opted to head to court.

The church said the termination was carried out in accordance with the law and the SDA Church procedures and policies.

“The Grievant (Ngugi) was invited for review of his case on February 24 2024. He was to attend review on June 13 2024. He did not attend. His lawful wife was available to give evidence concerning the Grievant’s sexual immorality. The Grievant baulked,” said Isika.

The Secretary said he did not have an audited report to support the charge of embezzlement.

However, Ngugi told the court that pastors are not barred from joining trade unions and the church did not question his membership with the union when the suit was instituted against them.

The pastor said that at 55 years, when he was terminated, he still had 10 years to serve before retiring at 65 years.

He also said the allegations of embezzlement and sexual immorality were not established.