.jpg)
| |||||||||
|
|||||||||
|
By:
HARRISON MAINA | |||||||||
| Posted:
Jun,05-2018 15:16:26
| |||||||||
|
Orginally posted Friday May 25, updated May 26, 1.16pm LAWRENCE, Mass.__A Superior court judge in Lawrence held back on making rulings Thursday on several motions filed by warring factions of the Kenyan St. Stephen's church in nearby Lowell, and instead have the members a two week window to pursue conciliation efforts for a possible compromise that would cool down tensions at the troubled church. While delivering the order, Judge SalimTabit's denied efforts by attorney Brian Lehy representing defrocked pastor, Rev. Samuel Kimuhu seeking to have him return to the pulpit with immediate effect after fierce objections from attorney James Doherty appearing for the plaintiffs, the American Anglican church together with a few other parishioners. Doherty said that it would be grossly unfair for the plaintiff's if Rev. Kimohu was allowed back to the pulpit since two other members of the church opposed to the pastor (James Karuchi and David Ikanyi) had been kicked out of the church by way of no trespass orders served by the church's current leadership. The two attorneys clashed in court when Doherty alleged that the former pastor, in conjunction with several members of the church, and despite having been defrocked, conspired to defraud the church by installing an illegal vestry and a board of directors to manage day to day church affairs without the approval of bishop Herzog, and after a motion of injunction to keep him out of the church had already been filed. The hearing started with the judge pressing Kimuhu's lawyer to explain whether Bishop Herzog had any authority to defrock pastor Kimohu as leader of the St. Stephens church Lowell following his conducting of the allegedly fraudulent wedding ceremony against the advice of the bishop. "Your honor, the issue of marriage does not belong to the church but with the State. If it was violated, it should not be featured here," Lehy said.
"Ok Mr. Lehy..., suppose Mr. Kimohu was compliant with everything…does the Bishop have authority to defrock or fire or transfer him as he wishes,"? the judge pressed. "Yes your honor," Lehy conceded. However, Lehy fought hard to counter allegations that Kimohu and some members of the church committed serious fraud on the St. Stephen's Incorporation when they conducted illegal elections without the approval or knowledge of bishop Herzog who has been serving the overall oversight authority since inception of the church in 2002. He sought to put the allegation away by insisting that the issue of fraud was not included in the pleadings before the court. "They did not plead that. It's not part of the complaint as it stands and it's not a basis for a dismissal," he said. The heated argument prompted the judge to press for more evidence from Doherty. "How do you respond to Mr. Leahy's argument that there is no proof of this alleged fraud"? "My clients were not involved in that process. They were also not involved in choosing the directors of the corporation. The Vestry cannot be installed without the approval of the bishop," Doherty replied. Judge Tabit was curious as to why the defendant, Kimohu and the church vestry were resisting efforts to provide an accounting of the church property and financial dealings over many years as requested by the American Anglican church that operates as the oversight authority over the church as per theagreement signed by the two parties in 2002. "I find it quite interesting. Why would anyone not want to provide an accounting of the corporation any time asked to?" the judge inquired. "Because the agreement both parties signed for says that an accounting shall only be provided at the end of the relationship between the two and not any time before then. This relationship has not yet come to an end your honor," responded attorney Leahy.
However, while urging both parties to seek conciliation, judge Tabit said that it was clear that they had serious legal claims and allegations in the case that may take many years to resolve in additions to thousands of dollars expended in the process that might not leave anyone fully satisfied. "Litigation is the law and a costly process. After many years and tens of thousands of dollars spent, you are not happier at the end that at the start. I get paid to make decisions but I prefer if parties sit down and compromise as it gets everyone satisfied," Tabit advised. He inquired from the defense attorney if he was open to seeking conciliatory efforts with the American Anglican church with Leahy said he is open to such an effort while at the same time consulting with Kimohu's party for approval. After a brief moment when attorney Doherty consulted bishop Herzog for approval, a consensus was reached to pursue the effort. "I will be very happy to reserve on making any decisions for two week. I expect you two to provide a joint status report to this court as to whether you have chosen to conciliate or not. Also give a report as to whether you need a decision from the court or not," the judge addressed the two opposing lawyers. The developments came as an unexpected anticlimax as both parties had braced for a much expected solid decision with tensions made worse by a wild misinformation campaign and outright twisting of the facts. According to parishioners who brought the suit against pastor Kimohu in conjunction with the American Anglican church, the pastor and his supporters, led by Samuel Mbugua, (the people's Warden a.ka. big Mbugua), had embarked on a misinformation campaign in the run up to the hearing urging them to show up at the court in big numbers to witness the case get dismissed and the pastor returning to the church to lead the Sunday service church this memorial day weekend. As a result, over 15 die hard supporters of the pastor, who have never attended the hearings again in the past, including his wife, Margaret Ngigi turned out with high expectations but left looking stunned and deflated by the unexpected developments. Also making an effort to show support was Peter Kiama, another Kenyan pastor recently defrocked by the same American Anglican church and ousted as leader of the St. John's Anglican church in Worcester. Unfortunately, Kiama arrived the parties were leaving the courthouse after the very brief; roughly 1 hour hearing was over. Speaking to Ajabu Africa News, bishop Herzog said that it was unfortunate that multiple lies and manipulation of the information to the parishioners was taking place openly inside and outside the St. Stephen's church in complete disregard of that a church of Jesus Christ was supposed to be practicing. "It's a sin of all sins," summed up Bishop Peter Roberts who, together with Bishop John Francis accompanied bishop Herzog to the hearing. The three bishops represented the Order of St. Andrews based in New York as part of the American Anglican Church.
Herzog refrained from speculating on the expectations of the ordered conciliation talks. "Well, we'll see what happens," he said. Parishioners who filed the suit told Ajabu Media that the fight at the St. Stephens church was largely in an effort by the pastor and a group of supporters to take control of the church building valued at close to $1 million. Acquired in the early 2000's, the building has been the source of endless disputes among parishioners as multiple fundraisers have been held to pay off the mortgage that too an unusually long period of time to clear while leadership resisted efforts to account for suspicions mortgage and interest payments. Others have claimed that the church is being used as a cash cow by several parishioners in cahoots with the pastor to finance their lifestyles with unaccounted for transactions. Recently, a plot of land was allegedly donated to the church by a Kenyan entrepreneur who had approached the church for a platform to market his services but the status of the deal has remained in the shadows. Efforts to seek accounting of the plot by some well-informed parishioners and the media have come under severe resistance, proving to be futile efforts as majority of the parishioners remain unaware of the transaction.
| |||||||||
|
Source:
AJABU AFRICAN NEWS
| |||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
RSS