[2015] KEHC 7948 (KLR)
The court declined to write a judgment on the merits of the appeal, holding that the dispute between the parties, which centers on control and management of the Kenya Redeemed Church and its resources, should first be subjected to mediation. The court found that the constitution of the Kenya Redeemed Church did not...
Source-derived case information.
- Citation
- [2015] KEHC 7948 (KLR)
- Parties
- Appellant: Bishop Allan Njeru; Appellant: Pastor Cyrus Njogoo Ayub; Appellant: Pastor Andrew Murage; Appellant: Kenya Redeemed Church Executive Board; Respondent: Samuel M’Obuya; Respondent: Florence Wanjiru Tirus; Respondent: Davis M. Malombe; Respondent: Solomon Bundi Rukaria; Respondent: William Nyamu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 510 of 2011
- Procedural Posture
- Civil Appeal / Directions Prior to Judgment; Referral to Mediation
- Outcome
- Matter referred to mediation; no judgment on merits delivered.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Mediation Referral, Internal Dispute Resolution, Church Governance Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bishop Allan Njeru
Appellant
Pastor Cyrus Njogoo Ayub
Appellant
Pastor Andrew Murage
Appellant
Kenya Redeemed Church Executive Board
Appellant
Samuel M’Obuya
Respondent
Florence Wanjiru Tirus
Respondent
Davis M. Malombe
Respondent
Solomon Bundi Rukaria
Respondent
William Nyamu
Respondent
Procedural Posture
Civil Appeal / Directions Prior to Judgment; Referral to Mediation
Legal Issues
- 1 Whether the court should proceed to determine the appeal before exhaustion of internal dispute resolution mechanisms within the Kenya Redeemed Church.
- 2 Whether mediation is the appropriate forum for resolving the dispute between the parties.
Ratio Decidendi
The court declined to write a judgment on the merits of the appeal, holding that the dispute between the parties, which centers on control and management of the Kenya Redeemed Church and its resources, should first be subjected to mediation. The court found that the constitution of the Kenya Redeemed Church did not clearly define internal dispute resolution mechanisms, but emphasized that disputes within voluntary associations should, as a matter of policy and judicial restraint, be resolved internally or through alternative dispute resolution before invoking the court's jurisdiction. Accordingly, the court directed the parties to engage an agreed mediator within 90 days, with the mandate...
Court Disposition
Matter referred to mediation; no judgment on merits delivered.
Orders
- Parties to engage an agreed mediator within 90 days from the date of the order.
- Mediator to prepare and sign a report with all parties within 90 days.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL DIVISION
CIVIL APPEAL No. 510 of 2011 (As consolidated with
HCCA Nos. 441 and 219 of 2011)
BISHOP ALLAN NJERU………………………………….}
PASTOR CYRUS NJOGOO AYUB………………………} APPELLANTS
PASTOR ANDREW MURAGE……………………………}
KENYA REDEEMED CHURCH EXECUTIVE BOARD.}
VERSUS
SAMUEL M’OBUYA……………………………………}
FLORENCE WANJIRU TIRUS…………………………}
DAVIS M. MALOMBE …………………………………. } RESPONDENTS
SOLOMON BUNDI RUKARIA …………………………}
WILLIAM NYAMU ………………………………………..}
DIRECTIONS
This matter was listed for judgment scheduled to be delivered today. On the two occasions that I handled this matter before making the order for judgment I had not conclusively gone through the record before me starting with proceedings in the lower court culminating to the appeals now before the High Court. Other Judges had handled the matter before.
In the process of preparing to write the judgment, I formed the opinion that in the first place that this matter should not have reached the courts before the internal mechanism of the parties had been exhausted.
At the centre of the dispute is the umbrella church known as Kenya Redeemed Church, and it is clear from the material before me that there is a fight for control of resources. There is a clear division between some members of this church and The Executive Board.
I am averse to resolving disputes involving any church through the court system unless and until the parties have tried everything possible to resolve the issues. I have gone through the constitution of Kenya Redeemed Church which is part of the documents in this record.
Regrettably, dispute resolution mechanism is not clearly, if at all, defined in this constitution. I believe that is where the dispute rests. Having said so, I am of the considered view that mediation would the best alternative in resolving the dispute herein.
Accordingly I decline to write any judgment in this matter and direct that the parties shall within 90 days from today, engage an agreed mediator who shall be given the mandate by the parties to look into the dispute and come out with a report geared towards resolving the dispute.
I make these directions under Order 46 Rule 20 of the Civil Procedure Rules. The report shall be prepared and signed by all parties within the said 90 days. Counsel appearing shall then inform the court through the Deputy Registrar of the completion of the report and when it should be filed.
I notice that there are some stay orders on record and therefore the status quo shall be maintained in the course of this mediation. Further mention on 19. 2.2016
Orders accordingly.
Dated and delivered at Nairobi this 22nd Day of October, 2015.
A.MBOGHOLI MSAGHA
JUDGE