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By:
HARRISON MAINA | ||||||||||||||
| Posted:
Jun,02-2016 23:51:00
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The mystery at the All Saints Kenyan Community church in Quincy near Boston deepened yesterday when a judge presiding the case postponed the hearing for this Thursday--after attorneys from both sides attempted to introduce documents in court from top Anglican church of Kenya leaders, for and against the legal standing of Rev. Fredrick Thanji to serve the congregation under the Anglican Church of Kenya. Tension was high as over 30 members of the church opposed to the pastor packed the court at the Norfolk Superior Court in Needham, greatly outnumbering about 10 members in support of Rev. Thanji present before Judge Jeffrey Locke. The Kenyans, who included other interested observers, heard that the top leaders of the entire Anglican Church in Kenya had provided documents that will be central to deciding whether the All Saints Community church in Quincy is a hierarchical church affiliated to the Anglican church of Kenya.
According to Attorney Stephen J. MacLaughlin appearing on behalf of the pastor, he had in his possession a document from Bishop Julius Wanyoike, head of the Anglican Diocese of Thika in central Kenya, indicating that Rev. Thanji was a licensed pastor in good standing within the Anglican Church of Kenya, and that the pastor and his congregation were affiliate to the Diocese. Maclaughlin was attempting to introduce evidence that will lead the court to dismiss the case on the basis of the First Amendment of the US Constitution that bars state courts from interfering with the administration and dispute resolution in hierarchical churches, unless a property dispute exists. However, in a stunning rejoinder, attorney Corrina Hale appearing for the large pro-reform group told the judge that she had in her possession an email from the top leader of all Anglican churches in Kenya, Archbishop Eliud Wabukala, confirming the official recognition of the Anglican Church of North America (ACNA) as the sole overseer of all Kenyan Diaspora community churches in USA and Canada that proscribe to the Anglican church of Kenya doctrine. The ACNA is led by Boston based Bishop Bill Murdock who two weeks ago released an email conforming the termination of Rev. Fredrick Thanji's license to operate a church under the auspices of Anglican community in USA, Kenya and worldwide.(Recap here:Violence erupts at troubled Kenyan church in Boston, pastor said to be unlicensed) Hale added that she had further evidence in the form of an affidavit from Bishop Murdock confirming that Rev. Thanji's license to serve as the priest of the church in Boston had been revoked back in 2011. She maintained earlier contention that following the license revocation, the pastor had been serving as an independent pastor and the church as an independent congregation, thereby providing the court a legitimate opportunity to intervene in the dispute that has been dogging the church for a while now. At one point during the submissions, Judge Locke interjected to inquire where the Bishop Wanyoike resides being the alleged overseer of the All Saints Community church under the Anglican diocese of Thika. "I believe he resides in Kenya," attorney Maclaughlin answered, leaving the judge curious as to how the bishop would appear in court if needed.
"He would not be able to appear your honor," Maclaughlin responded. Judge Locke then turned to Attorney Hale for the opposing group and inquired where the said Bishop Murdock resides while performing his duties as the alleged overseer of the Kenyan Community Anglican churches in North America. "He resides here in Massachusetts your honor," she responded, adding that bishop Murdock would readily appear in court at any time needed if required to do so. However, after listening to both attorneys, judge Locke said that he would require more time to study the case files since the issues was of profound interest and consequences to members of the church. He also said that it was important for the court to allocate sufficient time for a full hearing when the court is less busy at the mutually agreed time of Thursday, May 26 at 9am. Close to 50 members of the All Saints church and other Kenyans interested in the case were dumbfounded with the turn of events as the Anglican Diocese of Thika operates under the umbrella of the Anglican church of Kenya led by the outgoing Archbishop Wabukala who is retiring after 7 years as the leader of the Kenyan Anglican denomination. Wabukala is expected to step down from the helm of the church with millions of followers in Kenya next month when the newly elected Bishop Jackson Ole Sapit, is inaugurated. "I can't believe what is going on here. Now we don't even know who to believe. We though bishop Wanyoike operates under Archbishop Wabukala, so for both bishops providing conflicting documents from the same Anglican Church comes as a complete shock to us. We need to know what is going on here. I hope the judge makes a determination on Thursday and save us from all this here and confusion,” said one pro-reform church member speaking on condition of anonymity due to the sensitivity of the issue. Attempts by Ajabu Africa News to obtain comments from the few members from the opposing group who appeared extremely nervous after the hearing were met with silence and open hostility. After the hearing, the large group of members suing the pastor gathered outside the front entrance to the courthouse wearing yellow ribbons on their court lapels to signify solidarity, while discussing in hushed tones as they awaited the pastor and his group to emerge. However, in a move viewed by the opposing group as a means to avoid embarrassment of meeting the large group outside, and the presence of Kenyan media glare, Rev. Thanji and his group remained holed up in the courthouse for over an hour after the proceedings ended, with only a few supporters emerging one by one after long intervals. Realizing that the opposing group was not planning to leave the court area before he emerged, Rev. Thanji, his attorney and George Gichimu, a diehard supporter of the pastor were spotted emerging the courthouse from a back door and rushed to their cars parked in a nearby parking lot.
However, after catching up with the pastor's attorney, he told Ajabu Africa News that there was not much for him to comment yet as the alleged legal documents will be discussed on court on Thursday. "Thursday would probably be a better day," MacLaughlin to Ajabu Media as the pastor was whisked away by Gichimu in a car. The All Saints Community church dispute has generated a lot of interest among Kenyans in USA and back in the motherland who have been struggling with perennial infighting within the churches over control of funds and church property. According to many observers, several other Kenyan churches in Boston who claim hierarchical affiliation with mother churches back in Kenya are silently grappling with a similar situation as the All Saints church, leaving them with no clear cut channels of dispute resolution beyond the four walls of the church while within the USA. Although a majority of the Kenyan community churches in the region are independent, stand alone churches with no one to turn to in case of disputes, it is not yet clear if those who claim affiliation with churches in Kenya have presented to members how top leaders in Kenya will intervene in church disputes in the Diaspora while operating under the Kenyan law, while the said Diaspora community churches are obligated to operate under the US law. The case is open to the public at the Norfolk Superior court located at 650 High St, Dedham, MA 02026.
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Source:
AJABU AFRICA NEWS
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