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By:
Harrison Maina | |||||||||
| Posted:
Sep,26-2018 12:56:37
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LOWELL, Mass.,__The prolonged dispute among parishioners at Kenyan community St. Stephens's church in Lowell took a sharp turn Monday when the judge overseeing the case at the Lowell Superior court reversed his earlier order and vacated a preliminary injunction filed by the plaintiffs including the American Anglican church to keep the pastor from ministering at the church. In a 10 page ruling seen by Ajabu Media, Judge Salim Tabit also dismissed the plaintiff's complaint while allowing Kimohu's motion to dismiss the matter in its entirety. The unexpected turn of events came after efforts at mediation between the two sides failed to reach a compromise during a conciliation meeting on July 25 as urged by the judge during the previous hearing on May 24. Making the ruling, the court dismissed fraud allegations on pastor Kimohu citing lack of sufficient evidence to support the claim. "At a minimum, a plaintiff alleging fraud must particularize the identity of the person perpetuating the fraud, the nature of the fraud, where and when the fraud occurred, his or her reliance on the fraudulent conduct, and the resulting harm. The plaintiffs have not alleged facts sufficient to comply with this standard," the judge ruled. Judge Tabit also absolved Kimohu from demands to provide an accounting of the church assets as the control of the assets lie with the management of St. Stephens Inc. and its board of directors. "The complaint does not identify Kimohu as a corporate director or allege any facts to support the plaintiff's contention that he should (or, even can) provide the requested accounting." The judge also found fault with complaint as the plaintiffs failed to enjoin the St. Stephens Inc. as an indispensable party to the complaint even after being accorded a sufficient amount of time by the judge to do so since the case against pastor Kimohu was filed. "Here, the plaintiffs have been aware of the need to join St. Stephens's Inc. as a party for months; yet they have taken to action. In these circumstances, dismissal is appropriate," Judge Tabit wrote. He added that the court was aware that it previously allowed a preliminary injunction in the case that has kept Kimohu from ministering at the church for months based on credible evidence provided that gave the paintiff a reasonable likelihood of success. However, the circumstances changed after the plaintiff failed to join the church to the complaint. "In so ruling, however, the court fully anticipated that the plaintiff would join St. Stephens Inc. as a party to this litigation. The parties and the court have both addressed the issue on several occasions. It is obvious that a power struggle exists for the control of St. Stephen's of Lowell and the real estate on which it sits, which is owned by St. Stephens Inc. Resolution of this matter, at least, in a legal sense, can never exist without the involvement of St. Stephens's Inc.," the judge concluded in his order. The ruling was met with jubilation by the church's faction supporting pastor Kimohu and dismay by the faction that brought the suit. The ruling was addressed to attorney Chaleunphone Nokham who initially represented pastor Kimohu at the onset of the complaint before she was replaced by attorney Brian Lehy. It was not immediately clear if Leahy was still representing Kimohu when the ruling came through. The American Anglican church, together with Kames Karuchi, Rahab Kiambuthi and Karen Ngugi as the plaintiffs were represented by attorney James Doherty. A phone message to Bishop Herzog of the American Anglican church that served as oversight ecclesiastical authority over the St. Stephen's church before the breakdown in relations for comment had not yet been returned by the time of going to press. The long simmering power struggle at the church worsened after Bishop Herzog revoked a license for Kimohu minister in churches affiliated with the American Anglican church following what was termed failure to comply with administrative in running church affairs and ceremonies. The defrocking divided the church further, prompting a new board of directed elected at the St. Stephen's church Lowell to terminate her relationship with the American Anglican church. While previously urging the parries to seek conciliation rather than seeking a court ruling, Judge Tabit had warned that a court ruling was the last option for the parties to seek concilliation that "no one if left any happier than they were before after years of time and funds lost in litigation". (Recap:Judge Orders feuding Kenyans St. Stephens church Lowell to seek compromise in lieu of outright ruling). Several members of the St. Stephen's church who talked to Ajabu Media on condition of anonymity revealed that the divisions in the church have grown worse even with the absence of pastor Kimohu who is said to be away to the motherland on vacation when the ruling came through. Many are calling for new leadership to steer the church in a new direction with less friction among parishioners. It was not immidiately clear if the plaintiffs will appeal the ruling. | |||||||||
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Source:
AJABU AFRICAN NEWS
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