By Fire by Force: PCEA Official Sworn in at Function Attended by Ruto Despite Court Injunction
On Tuesday, a senior elder from the Presbyterian Church of East Africa (PCEA) took the oath as the church’s honorary treasurer, even though a court had issued an order preventing him from assuming the role.
The event occurred at the main church location, St. Andrews’ Parish in Nairobi, with President William Ruto in attendance.
Mr. David Nderitu Ndumo, the senior figure, took his oath of office at the twenty-fourth General Assembly of the church. He is now tasked with managing the church’s annual budget of Sh1 billion.
The atmosphere was so charged that when Mr. Ndumo was summoned to the platform to swear an oath, the seasoned clergyman Timothy Njoya dramatically exited the gathering in objection. This compelled the moderator of the General Assembly to request him to respectfully acknowledge the altar before leaving.
“Did Reverend Dr Njoya bow? Can you come back and bow, this is an honorable court. You do not have to come here, you can bow from where you are,” he said.
Dr Njoya turned around, walked to the altar, bowed, and then walked out in a huff.
“I walked out in protest because his induction (Elder Ndumo’s induction) compromised the image, integrity, reputation, and dignity not only of the PCEA but of the whole Church of Jesus Christ. I stood for the same principles and values that I stood for in the Moi government to follow Christ even at the risk of my life,” Reverend Njoya told the Nation in a telephone conversation after leaving the assembly.
The issue at hand emerged when Mr. Ndumo borrowed Sh5.8 million, naming 15 guarantors. He’s alleged to have defaulted on repayment, prompting his guarantors to step in.
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The majority of these guarantors are individuals from the church community who accompanied him to the Cooperative Court in 2019.
The loan has now risen to over Sh7.6 million.
In the tribunal’s preliminary decision, Mr. Ndumo’s assets, which consist of three vehicles—a Toyota Pass, Nissan Latio, and Toyota Prado—are slated for auction by Wright Auctioneers to settle the outstanding loan.
Nevertheless, the accused informed the court that he had not received any legal documents from the plaintiffs and requested a court order to halt the auction of his assets.
The move was opposed by the guarantors, who argued that the church elder had misled the court to obtain the order.
“From the outset, I wish to state that the applicant has failed to show any compelling reasons to warrant the setting aside of the judgment and consequential orders,” the guarantors, through lawyer Wambugu Wanjohi, told the court in March.
Mr. Wanjohi stated that the defendant only came to court after the guarantors opted to enforce the judgment and request the auction of his assets.
He additionally mentioned that the assertion was submitted in 2019 with an urgency certificate, and he received the directive on January 15, 2020, in Nyeri town. He acknowledged receipt by signing the primary documents and an affidavit of service.
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However, Mr. Ndumo is alleged to have neglected to repay the loan despite receiving numerous notices urging the guarantors to settle the debt.
The individuals serving as guarantors, such as Juma Olago, Charles Maina, Jane Njoroge, and Benjamin Ombogo, urged the court to reject Mr. Ndemo’s request and permit the auctioneer to proceed with selling the confiscated items.
The auctioneers had already searched Mr. Ndumo’s residence in Marururui Estate and confiscated various belongings such as electronics, furniture, and vehicles. These items were intended for sale to recoup the loan amount deducted from the guarantors.
Last week, the guarantors’ request couldn’t proceed because the vice-president of the tribunal’s term ended, causing insufficient members for a quorum, thus leading to the postponement of the matter to this week.
This reality compelled the guarantors to urgently approach the High Court on Monday, April 8, 2024, to obtain an injunction halting the inauguration of the newly elected Honorary Treasurer, Mr. Ndemo.
“Pending the hearing of this application by the parties, this Honourable Court is pleased to make an order restraining the first and second respondents (the Secretary General of PCEA and the Chairperson of the General Assembly) either by themselves, their agents, employees, or servants from implementing the recommendation of the Nominations Committee / Business Committee to the General Assembly to elect, appoint or install David Neritu Ndumo as Honorary Treasurer of PCEA during the 24th General Assembly to be held at St Andrew’s Church Nairobi on April 9, 2024,” Lady Justice A. N Ongeri ruled.
A day after the ruling, Mr Ndumo was sworn in as the church’s honorary treasurer.
By Fire by Force: PCEA Official Sworn in at Function Attended by Ruto Despite Court Injunction