[2022] KEHC 14707 (KLR)
The court determined that the dispute at hand, involving church leadership and the broader congregation, is not a matter of individual interests but concerns the church as a collective entity. Recognizing the potential for further division if the matter were to be adjudicated in an adversarial manner, and noting the...
Source-derived case information.
- Citation
- [2022] KEHC 14707 (KLR)
- Parties
- Applicant: Silas Yego; Applicant: Geoffrey Gichure; Applicant: John Kitala; Applicant: Registered Trustees, AIC Church, Kenya; Respondent: Amos Nyaga Ogada (AIC Kisumu Region); Respondent: Martin Orwa Obuya (AIC Kisumu City Region); Respondent: Joshua Ayiecho (AIC Muhoroni Region); Respondent: David Ouko Anyango (AIC Kisumu Region)
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 136 of 2020
- Procedural Posture
- Miscellaneous Civil Application / Referral to Court Annexed Mediation
- Outcome
- Matter referred to court annexed mediation.
- Judges
- RE Aburili
- Legal Topics
- Court Annexed Mediation, Dispute Resolution, Church Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silas Yego
Applicant
Geoffrey Gichure
Applicant
John Kitala
Applicant
Registered Trustees, AIC Church, Kenya
Applicant
Amos Nyaga Ogada (AIC Kisumu Region)
Respondent
Martin Orwa Obuya (AIC Kisumu City Region)
Respondent
Joshua Ayiecho (AIC Muhoroni Region)
Respondent
David Ouko Anyango (AIC Kisumu Region)
Respondent
Procedural Posture
Miscellaneous Civil Application / Referral to Court Annexed Mediation
Legal Issues
- 1 Whether the dispute between the parties should be resolved through court annexed mediation rather than adversarial litigation.
- 2 Whether mediation is appropriate given the nature of the dispute involving church leadership and congregation.
Ratio Decidendi
The court determined that the dispute at hand, involving church leadership and the broader congregation, is not a matter of individual interests but concerns the church as a collective entity. Recognizing the potential for further division if the matter were to be adjudicated in an adversarial manner, and noting the willingness of both parties to engage in mediation, the court exercised its discretion to refer the matter to court annexed mediation. The court emphasized that mediation would allow the parties to address their differences openly and collaboratively, with the assistance of a trained mediator, thereby fostering a solution that originates from within the church community rather...
Court Disposition
Matter referred to court annexed mediation.
Orders
- The matter is referred to court annexed mediation.
- The Deputy Registrar, Kisumu High Court, shall facilitate the appointment of a suitable mediator and advise the parties.
Full Case Text
Judgment text and source record
32 paragraphs
Yego & 3 others v Ogada (AIC Kisumu Region) & 3 others (Miscellaneous Civil Application 136 of 2020) [2022] KEHC 14707 (KLR) (3 November 2022) (Ruling)
Neutral citation: [2022] KEHC 14707 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 136 of 2020
RE Aburili, J
November 3, 2022
Between
Silas Yego
1st Applicant
Geoffrey Gichure
2nd Applicant
John Kitala
3rd Applicant
Registered Trustees, AIC Church, Kenya
4th Applicant
and
Amos Nyaga Ogada (AIC Kisumu Region)
1st Respondent
Martin Orwa Obuya (AIC Kisumu City Region)
2nd Respondent
Joshua Ayiecho (AIC Muhoroni Region)
3rd Respondent
David Ouko Anyango (AIC Kisumu Region)
4th Respondent
Ruling
1. Having perused this file together with Kisumu CMCC 555/2018 between the parties hereto, I formed the opinion that the parties hereto deserve an opportunity to be engaged in court annexed mediation in order for them to bring all their issues on the mediation table freely and openly without any fear of an adversarial decision. The dispute between the parties is not an individual person’s dispute but it involves the church as a constituency and the church does not belong to any individual, not even the founders. It belongs to God himself, with church leaders being ordained to lead congregations. This is a church that has one faith in one God and the differences in opinions of the leaders can best be addressed by those leaders sitting at a round table under the facilitation of a trained accredited court annexed mediator to assist them discuss the issues that bring the differences so that the solution can come from the church itself instead of leaving the matter to the court to make a decision which is likely to divide the church even more.
2. As counsel for the parties are amenable to the court annexed mediation process, I hereby refer this matter for mediation. The Deputy Registrar, Kisumu High Court shall facilitate the process of appointment of a suitable mediator and advise the parties accordingly.
3. The court appointed mediator shall then forthwith set in motion the process of mediation in accordance with the court annexed mediation rules.
4. Mention before the Deputy Registrar, Kisumu shall be on 7/11/2022 for appointment of a mediator.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE