Court finds PCEA clerics guilty of contempt, face jail

PCEA reverends Robert Waihenya (left) and Mutahi Thegu.[Courtesy]

Two senior Presbyterian Church of East Africa clerics face potential jail time after a High Court judge found them guilty of contempt for defying court orders.

Reverends Peter Mwaura Mutahi and David Waihenya appeared before Justice Stella Mutuku after church member Benjamin Njoroge Mburu accused them of ignoring an injunction that barred the installation of David Nderitu Ndumo as the church's honorary treasurer in April last year.

Justice Mutuku ruled that the two clerics went ahead with the installation despite knowing about the court order stopping them from doing so.

"My considered view, after taking all the circumstances of this matter into consideration, I arrive at a conclusion that the second respondent was aware and had knowledge of the court order," Justice Mutuku said in her ruling.

The judge reviewed video clips presented to the court showing complaints raised during the installation about the injunction.

In audio recorded between 2:46 p.m. and 2:49 p.m., Rev Waihenya is heard referring to a court order restraining him from conducting the installation. When attendees questioned who the order was addressed to, Rev Mutahi ruled that the matter should not be debated further, according to the judgment.

"To that end, it is my finding that while aware of the court order of April 8, 2024, the first and second respondents proceeded to participate in the installation of Mr David Nderitu Ndumo as the honorary treasurer, thereby breaching the court order," Justice Mutuku declared.

The judge found both Rev Waihenya and Rev Mutahi in contempt of court.

The original injunction to stop Ndumo's installation was granted after Justice Janet Ongeri heard objections based on a pending case at the Cooperative Tribunal.

The case involves Ndumo's alleged failure to repay a Sh5.3 million loan he took from Sheria Sacco.

Court documents show 15 guarantors moved to court seeking to force Ndumo to repay the loan he allegedly took around 2019, claiming his default subjected them to deductions from the sacco.

The two clerics were sued alongside the Registrar of Societies and will appear in person for mitigation and sentencing on a date to be fixed by the court.