19/12/2025
The High Court has sentenced two senior officials of the Presbyterian Church of East Africa PCEA to jail for deliberately disobeying court orders that barred the installation of David Nderitu Ndumo as the church’s Honorary Treasurer.
Justice Stella Mutuku convicted PCEA Secretary General Rev. Dr. Patrick Waihenya and Moderator Rev. Patrick Thegu Mutahi for contempt of court after finding that they went ahead with the disputed installation during the church’s 24th General Assembly in April 2024.
In her ruling, the judge sentenced Rev. Dr. Waihenya to three months in prison or a fine of Ksh150,000. Rev. Mutahi received a one-month jail term or a fine of Ksh100,000. Justice Mutuku said the penalties were necessary to affirm the authority of court orders.
The court found that the two officials were fully aware of injunctive orders issued on April 8, 2024, which stopped the installation of Ndumo, yet chose to ignore them.
Despite the orders, the ceremony proceeded the following day at St Andrew’s Church in Nairobi during a service attended by President William Ruto.
“This court cannot tolerate open defiance of its orders. Court orders are binding and must be obeyed,” Justice Mutuku said during sentencing.
The contempt proceedings were filed by Benjamin Njoroge Mburu, a PCEA member, who accused the church officials of proceeding with the swearing-in despite knowing about the restraining orders.
Mburu told the court that the actions of the two leaders undermined the rule of law and the authority of the judiciary.
Justice Mutuku dismissed claims by the respondents that they were not properly served or were unaware of the court orders. She ruled that service through electronic means, including WhatsApp and email, was valid and complied with the Civil Procedure Rules.
The court noted that video evidence showed the existence of the court order was mentioned during the General Assembly, yet the installation still went ahead. The judge concluded that the disobedience was deliberate.
Justice Mutuku also rejected arguments that the contempt had been cured, noting that the installation had not been reversed and that Ndumo continued to serve in the role of treasurer.
The dispute arose from a petition filed by Mburu challenging Ndumo’s nomination on integrity grounds.
Mburu cited an ongoing case before the Cooperative Tribunal in which Ndumo is accused of defaulting on a Ksh7.4 million loan owed to Sheria Sacco, allegedly forcing guarantors to repay the debt.
He further argued that allowing Ndumo to hold office violated the PCEA Constitution, the church’s election policies, and the Societies Act, pointing to past cases where nominees facing legal disputes were barred from leadership positions.
In the final analysis, the court held that the conduct of the two PCEA leaders amounted to a clear and intentional disregard of judicial authority, justifying their conviction and sentencing for contempt of court.
