By Raymond Wanjohi and MKT Correspondent
Worth Noting:
- Justice Magare, in his orders, struck out the retired bishop as an interested party in the matter.
- Mr Muriithi, in his sworn affidavit dated February 27, told the court that the respondents had failed to commence election process of the new bishop that was supposed to be undertaken on March 15 in accordance to the ACK Constitution
- “…. that unless this honourable court intervenes urgently by granting the orders sort for the first instance, the respondents are likely to advance the acts of impunity by illegally failing to adhere to the ACK Constitution in filling the position held by the interested party (Mr Kagunda),” Mr Muriithi told the court.
The Anglican Church of Kenya (ACK) Archbishop Jackson Ole Sapit has been ordered by the High Court to kickstart the election process of the new bishop of Mt Kenya West diocese by Wednesday next week.
The diocese’s long-serving bishop Joseph Kagunda retired on April 14 this year, but his replacement has been marred by prolonged court battles over how the election process should be conducted.
Justice Judge Kizito Magare ordered Archbishop Ole Sapit to initiate the process on or before November 13.
“…. the first respondent is ordered by consent to commence the elections of the bishop of the ACK Diocese of Mt Kenya West on or before November 13 by commencing the nominations of the said elections,” stated Justice Magare’s order issued last week.
Mr Pharis Muriithi, one of the church’s faithful, had moved to court seeking orders to compel the respondents to adhere to the ACK Constitution.
In the lawsuit, Archbishop Ole Sapit, the Provincial synod, ACK Mt Kenya West synod and the registered trustees of the ACK were named as respondents respectively.
Retired bishop Kagunda had been named as an interested party.
They were represented by lawyers Elias Masika and Wachira Nderitu.
Justice Magare, in his orders, struck out the retired bishop as an interested party in the matter.
Mr Muriithi, in his sworn affidavit dated February 27, told the court that the respondents had failed to commence election process of the new bishop that was supposed to be undertaken on March 15 in accordance to the ACK Constitution
“…. that unless this honourable court intervenes urgently by granting the orders sort for the first instance, the respondents are likely to advance the acts of impunity by illegally failing to adhere to the ACK Constitution in filling the position held by the interested party (Mr Kagunda),” Mr Muriithi told the court.
“This is likely to throw ACK Diocese of Mt Kenya West leadership into anarchy resulting in possible exposure of its entire membership into suffering irreparable prejudices which cannot be adequately compensated by way of damages,” he added.
Mr Muriithi was presented in court by Nyeri based lawyer Wabandi Gacheru.
Archbishop Ole Sapit has already appointed Murang’a South diocese bishop Julius Karanu as a commissary to oversee operations of Mt Kenya West diocese before the election of the new bishop is held.
During retired bishop Kagunda’s 20-years tenure, the diocese was marked with chaos and conflict that saw congregants exchange blows over leadership wrangles.
He was in the spotlight when he engaged in a court battle with three priests from the church who were expelled for allegedly practicing homosexuality.
President William Ruto, in a gazette notice dated October 3, appointed retired bishop Kagunda as the chairperson of the Anti-Doping Agency of Kenya.
Candidates eyeing for the bishop seat include Reverend Sospeter Kuria and Archdeacons Isaac Wanjii, Samuel Mwangi, Peter Ngumo, Gerald Muriithi, Charles Itegi and Edwin Mbiiri.
Members of the diocese’s synod are supposed to pick 16 representatives amongst themselves so as to participate in electing the next bishop. A synod is the governing council of the church, which consists of the House of Bishops, the Clergy and the Laity.
The candidates will be shortlisted by the church’s committee. The committee will then come up with three candidates who will compete at the ballot.
Rev Kuria, who also doubles up as a lawyer, says he seeks to introduce his expertise as a lawyer and a priest to the Church.
He has served as the Church’s priest for 17 years and believes he also has the capacity to solve legal battles that have dogged the diocese over the years.
Rev Kuria hails from Mahiga ward in Othaya, Nyeri County, where he was the first person to be ordained as a reverend under the ACK Munyage parish.
“With my legal expertise on labour laws, the diocese will not experience legal battles as it has experienced there before. My experience in human resources management will help me address the clergy and other employees’ issues amicably,” Rev Kuria said.
“I will bring a lot of wealth to the Church as a priest and a lawyer by embracing the adherence of scriptures as well as the legal system. I have been doing pro bono legal awareness forums not only in ACK but also in other churches so as to promote ecumenical cohesion,” he added.
After the election of the new diocese head, a winner will automatically assume the position of bishop-elect.
Archbishop Ole Sapit will announce the consecration date and later conduct a special service of consecration and enthronement for the new bishop.
In case the Archbishop fails to adhere to the orders, contempt of court proceedings will be instituted against him.
