A simmering dispute within the leadership of the Presbyterian Church of East Africa (PCEA) spilled into the courtroom this week, exposing internal rifts and raising concerns over possible defiance of a court order.
At the centre of the case is the controversial installation of David Neritu Ndumo as the church’s Honorary Treasurer during the PCEA General Assembly — an event that went ahead despite an injunction issued by the court.
The legal battle is testing the unity of the church’s top leadership and their commitment to due process.
PCEA Moderator Rev Dr Thegu Mutahi, appearing before High Court Judge Stella Mutuku, said he was unaware of the court order at the time of the installation. Under oath, he claimed he had not been formally served with the documents before the ceremony.
“I wasn’t served,” he said, distancing himself from any suggestion of defiance.
But his colleague, Secretary General Rev Dr Robert Waihenya, offered a starkly different account.
Rev Waihenya testified that he had seen the court order and made attempts to persuade the moderator not to proceed with Mr Ndumo’s installation. While he participated in installing the moderator and deputy secretary general, he said he deliberately withheld involvement in the final part of the ceremony due to the legal instructions.
“I refused to call the nominee forward,” he said. “I felt it was only right to step back once the court’s position had been made known to me.”
Further complicating matters was testimony from court process server Josphat Mutunga, who said he had made efforts to serve Rev Mutahi in person on the morning of 8 April, following a phone call during which the Moderator reportedly agreed to meet him. However, when the meeting failed to materialise, Mr Mutunga said he turned to WhatsApp to deliver the documents.
He explained that under Kenyan law, digital service — including via messaging platforms — is permitted when personal delivery proves unworkable.
The clash of narratives has left the court with the task of determining whether the moderator knowingly breached the order or whether the installation went ahead due to a communication breakdown.
The case has drawn considerable interest within PCEA circles, not least because Mr Ndumo is facing separate legal proceedings related to an outstanding loan of Sh8.4 million from Sheria SACCO. That case, however, is being handled by a different court and is not the focus of the current matter.
As tensions simmered between the two senior clerics in the courtroom, the moderator remained firm in his stance. “Let the court decide,” he said when asked who between him and Rev Waihenya was telling the truth.
Justice Mutuku adjourned the matter to 7 May, when the plaintiffs are expected to present video evidence in support of their claims.
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