Mamlaka Hill Chapel members urge court to join Bishop Ng'ang'a dismissal case

Mamlaka Hill Chapel members seek a voice in the legal battle over Bishop Ng’ang’a’s dismissal. [Courtesy]

Members of Mamlaka Hill Chapel have asked the Labour Court to allow them to participate in the case over the dismissal of Bishop Charles Muhia Ng’ang’a, warning that the dispute could affect the church’s leadership, constitution and finances.

In an application filed at the Employment and Labour Relations Court in Nairobi, Prof Onesmus Muroki Thuo and Winnie Maru want to be joined in the petition alongside 17 church members and congregants who have authorised them to represent their interests in the lawsuit

The applicants argue that the case filed by their former Bishop Ng’ang’a over his dismissal and seeking reinstatement cannot be determined without hearing the congregation whose constitutional rights and contributions to the church could be affected by the outcome.

“The Court is being asked to interpret and apply the members’ constitution, and to pronounce on the members’ rights, without hearing the members,” Prof Thuo states in his supporting affidavit.

The applicants want their application heard before the court determines Ng’ang’a’s application dated August 25, 2026, or the main petition.

They argue that the dispute goes beyond an employment disagreement because the church’s constitution provides members with a role in appointing and removing leaders.

Ng’ang’a, who founded Mamlaka Hill Chapel in August 2005, is challenging the decision to dismiss him as Bishop, arguing that the officials who conducted the disciplinary process lacked the authority to do so.

He wants the court to declare his dismissal unlawful and reinstate him to the position without loss of benefits, status, seniority and privileges.

The former bishop is also seeking Sh14.83 million as compensation for unfair dismissal and Sh6.2 million in accrued leave, in addition to general, aggravated, exemplary and constitutional damages.

The applicants argue that any monetary award could be paid from church funds and property acquired through members’ tithes, offerings, pledges and contributions.

“Any such award would be paid from the Church’s funds and property, which are held for the benefit of the members,” Prof Thuo says.

They further contend that the dispute could determine who has the authority to lead the congregation and whether the church’s Elders’ Court was lawfully constituted.

According to the application, the church constitution provides for elders to serve three-year terms, subject to a limit of two consecutive terms.

It also provides that a pastor can only be removed through a secret ballot in which at least 75 per cent of members present vote in favour, with a quorum of 25 per cent of registered members.

Ng’ang’a argues that he could only have been removed through this procedure and that no such vote was held.

He also challenges the tenure of some members of the Elders’ Court, alleging that they have exceeded their constitutional terms and that no re-election has taken place.

The church officials, however, maintain that the Elders’ Court was appointed and ratified by the congregation and that a substantive Bishop should only be appointed after ratification by the entire congregation.

The applicants say neither side has been authorised by the members to represent them collectively in the proceedings.

They want the court to allow them to file responses to the petition and Ng’ang’a’s pending application within 21 days after receiving the relevant pleadings.

They also want all parties directed to serve them with the pleadings, affidavits, documents and applications filed in the case within seven days of their joinder.

Prof Thuo says their participation would help the court resolve the dispute without opening the door to further litigation by individual members or groups.

“Joining the members, through two nominated representatives, enables all these questions to be settled once and for all in a single forum,” he states.

The applicants say they will not introduce new claims or seek independent relief but will address the interpretation of the church constitution, the practicality of reinstating Ng’ang’a and the implications of the monetary claims.

The application by the applicants is yet to be determined.