19 June 2018

Kenya: ACK Bishop Wants Court to Dismiss Defamation Suit Filed By Cleric

The Bishop of the Anglican Church of Kenya Mount Kenya West Diocese, Joseph Kagunda, wants the High Court to dismiss a defamation case filed against him by one of the three clerics he suspended over homosexuality allegations.

The Bishop, through lawyer Wachira Nderitu, argues that the issues raised by Rev Paul Warui relate to those that were heard and determined by the Employment and Labour Relations Court two years ago. The court ordered the reinstatement of Rev Warui, who had been suspended together with Archdeacon John Gachau and Rev James Maigua.


"The same parties cannot file a matter with similar facts and evidence when a court of competent jurisdiction already heard and determined the same. The suit concerns the same parties, involves the same issues, the evidence is the same and the prayers sought are substantially the same," Bishop Kagunda argued.

He made the application yesterday in the High Court in Nyeri before Justice Abigail Mshila when the case by Rev Warui was scheduled to come up for hearing.

In response, Rev Warui, through lawyer David Onsare, opposed the bishop's application, saying it is "mischievous and a contemptuous attempt to waste time".

He said that the issues in the Labour Court and those in High Court are different, adding that Justice Byram Ongaya of the Employment Court had ruled that the clerics were unfairly suspended.

"The court ordered the plaintiff's reinstatement which, to date, has been frustrated. This forced the plaintiff to institute contempt-of- court proceedings against the registered trustees of the church, who were, thereafter, found guilty of contempt," he added.

"But even after being found guilty of contempt, the defendant has persisted in his quest to ignore court orders," he added.

He said the case was coming up for hearing, during which Rev Warui intended to prove his claim against the Bishop.

Mr Onsare said the defamation claim is based on the letters written by the bishop, newspaper cuttings and witness testimonies. "The issue before the High Court is defamation and the damages while the issues before the Labour Court were termination of employment and unfair hearing by the tribunal," explained Mr Onsare.


Nation Journalists Feted at Merck Foundation Media Awards

NTV's Namukabo Werungah, Doreen Magak, Antony Wabwoba and former station head Pamela Asigi were among the big winners at… Read more »

See What Everyone is Watching

Copyright © 2018 The Nation. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.

AllAfrica publishes around 800 reports a day from more than 140 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.