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By:
ERIC MATARA | |||||||||
| Posted:
Sep,30-2016 14:33:43
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The High Court in Nakuru Kenya will Thursday issue a landmark judgment of a case where a Presbyterian Church of East Africa (PCEA) elder has sued the institution for defamation.
Nakuru High Court Judge Janet Mulwa had said the judgment of the more than two-year-old case would be delivered Thursday after parties completed their submissions a month ago.
The elder, Mr Joshua Kamira Wanjau, sued the church and the PCEA Foundation for defamation after a letter announcing his sacking was reportedly read in over 30 churches in November 2013.
Mr Wanjau, who is also a businessman in Nakuru Town, is seeking compensation for damages caused by the letter said to have been read on three consecutive Sundays to congregants at various PCEA churches.
In his suit, he claimed the announcement depicted him as a crook, an undisciplined and arrogant elder.
This led to his losing of friends and decline of his business premises, including that of Cool Rivers Hotel situated along the Nakuru-Nairobi highway, he said.
RAN INTO TROUBLE
Mr Wanjau, who was the chairman of a committee taking care of a Sh90 million rental house owned by the church, earlier told the court that he ran into trouble after he revealed that a pastor at the church had unsuccessfully plotted to sell the property.
The property is situated in Milimani Estate on the outskirts of Nakuru Town.
At that time, he had received a transfer letter deploying him to Nteiya in Limuru, he said.
Mr Wanjau said he was accused of holding keys, a title deed, financial returns and other documents on the residential house that were required by the church’s management before he was sacked.
The house, the court heard, had been occupied by a tenant who was paying Sh35, 000 monthly as rent.
He said a section of church leaders had demanded the key from him but he declined to hand it over, demanding that the right procedures be followed.
He said the move prompted the cleric and the church management to sack him through the letter, which was read across all the churches.
FOLLOWED RIGHT PROCEDURES
However, Reverend Llyod Kabaiya, who testified on behalf of the PCEA church, told the court the church followed the right procedure in sacking the cleric.
He said Mr Wanjau did not suffer any damages due to the dismissal.
He said the letter announcing Mr Wanjau's sacking and read in more than 30 churches in November 2013 was in accordance with the church’s rules and did not in any way portray the cleric as a crook.
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