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By:
FAITH NYAMAI | |||||||||
| Posted:
Sep,14-2016 19:07:08
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The reinstatement of three Anglican Church of Kenya clerics suspended over claims of being homosexuals has created a paradox for the church.
The Anglican Church has for years been grappling with the issue of gay marriage and homosexuality, with some clergy in Europe and North America accepting it.
But Kenya's Anglican Church has not accepted the practice and preachers have been condemning it, saying it was not in God's plan of creation.
But with Justice Byram Ongaya's ruling on Friday, the church was vilified for suspending the three clerics without evidence.
The court ordered the church to pay a total of Sh6.8 million compensation to them.
Justice Ongaya also found their dismissal by the church unfair and gave them their jobs back.
Archdeacon John Njogu Gachau, the Rev James Maina Maigua and the Rev Paul Mwangi Warui were told to see Mt Kenya West Diocese Bishop Joseph Kagunda by October 1, 2016 for redeployment.
Mr Ongaya said: "The suspension amounted to degradation. The church did not give them any right of legal representation during its tribunal hearing," he said. Justice Ongaya said the court has considered how the issue of gay and homosexual practice is viewed in Kenya and such allegations must have caused a lot of psychological trauma to the clerics.
SUFFERED INJURY
"They must have looked for a place to hide because of the kind of injury they have suffered," he said. Justice Ongaya awarded each of them Sh2 million compensation and ordered the church to pay them all their accrued salary from August 2015 when they were sacked.
Archbishop Gachau will be paid Sh2,437,780 million, the Rev Maigua Sh2,224,996 and the Rev Warui Sh2,219,814 million.
Justice Ongaya told the church to pay the money by December 1, 2016. He added that the church did not take any action or institute criminal charges against the three.
"An employer lacks power to find criminal liabilities of an employee. The homosexual crime was not established in this court and, that notwithstanding, there is no evidence of the homosexual allegations," said the judge.
Justice Ongaya further said the Anglican Church Trustees was the right party to be sued by the clerics.
The three clerics, through lawyers Wonge Maina, Moraa Onsare and David Onsare had sued the church trustees for suspending them from pastoral hood and for withdrawing their preaching licences without adhering to the church's constitution.
They also argued that they were not given a fair hearing prior to their sacking.
The clerics had told the court that all the accusations came as a result of church politics.
Meanwhile, church chancellor Nderitu Wachira said of the ruling: "The court is subjecting the church trustees into a debt; we will analyse the judgment and appeal."
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