Five elders facing accusations of misappropriation of funds have sued the Presbyterian church seeking to stop their removal from office.
The elders accused the church of not giving them a chance to be heard and not issuing them with prior written notice before sending them packing.
Elders James Njuguna Macharia, Catherine Muriithi, Boniface Muiruri, John Mwangi and Paul Githecha contend that the church started unlawful disciplinary proceedings against them to have them removed from office.
They sued the Presbyterian church of East Africa (PCEA), PCEA Nairobi north presbytery together with clerk, Nairobi presbytery.
The church sent the five elders letters requesting them to resign from their positions by May 10.
But the elders opted to lodge an appeal.
Despite that, the church informed the session clerks of all parishes within Nairobi north presbytery that the five elders had been removed from office.
“Contrary to rules of natural justice and fair hearing we were not issued with better particulars and were denied a hearing at the same meeting the respondents demanded that we formally resign from our positions,” the elders said in their suit papers.
They believe the church is under obligation to accord them a fair hearing under the constitution.
According to the elders, the church acted in a highhanded and oppressive manner hence the need for the court’s intervention.
They said their reputations had been damaged as a result of the continued illegal disciplinary process.
The court heard that the church intends to hold a meeting on Thursday May 23 with an agenda for their removal without due regard to due process and their constitutional rights not to be condemned unheard.
They want the court to halt the disciplinary process pending the determination of their court case.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via email@example.com