Court declines to set aside Sh6.8m damages for priests

ACK Archdeacon John Njogu Gachau (center) Rev Paul Mwangi Warui (right) and Rev James Maina Maigua (left)celebrate outside the Nyeri Law Court on September 9,2016, after Justice Bryam Ongaya ordered the church to reinstate them. (Photo: Kibata Kihu/Standard).

A court in Nyeri has rejected a plea by Anglican Church of Kenya (ACK) to set aside an order to pay Sh6.8 million to three priests it accused of engaging in homosexuality.

On Thursday, Employment and Labour Relations Court Judge Byram Ongaya further dismissed an application by ACK to have the judgement that was delivered on September 9, 2016, reviewed.

In addition, the court also declined to have the Mt Kenya West Diocese Bishop, the Rev. Joseph Kagunda, and Church Commissioners for Kenya (CCK) enjoined in the suit as respondents.

The church had earlier gone to court, seeking for a review and nullification of a ruling that ordered it to pay damages to three of its clergy accused of engaging in homosexuality with church members. In the suit, the church had argued that the bishop was denied a right of reply before the order awarding the damages was made with regard to the three clergymen.

Pastors Paul Warui, John Gachau and James Maigua moved to court seeking compensation for defamation as well as reinstatement to their positions following suspension by the church standing committee over allegations levelled against them.

They argued their reputation had suffered and integrity eroded.

But the church challenged the ruling seeking to stay the execution of decree on damages pending hearing and determination of its application.

Through lawyer Wachira Nderitu, the church had applied to have the Rev Kagunda and CCM named as the second and third respondents in the suit.

It noted that if any claim was to be executed and complied with, then it could only be by the sitting diocese bishop and the CCK and not the Registered Trustees of the Anglican Church of Kenya as indicated by the priests.

In response, the court allowed amendments on the suit to read the judgment was against the CCK and not the Registered Trustees of the church.

Besides the labour suit, the claimants have also instituted a criminal offence against the church for defamation at the High Court that is set to be heard on December 8.