Court bars ACK bishop from taking office in leadership row

All Saints Cathedral in Nairobi. Leadership wrangles are rocking the Diocese of Maseno East of the Anglican Church of Kenya. [File, Standard]

The High Court in Kisumu has halted the consecration and enthronement of Bernard Owuor as the second bishop of the Diocese of Maseno East of the Anglican Church of Kenya.

The court, through an order issued by Kisumu High Court Deputy Registrar Gloria Baraza and dated December 18, barred the bishop from taking office or discharging any functions associated with the office.

This ruling came after an aggrieved clergy member moved to court to stop the occupation of the office, which had been declared vacant following the retirement of Bishop Joshua Owiti upon reaching the age of 65 on July 15.

“Pending the hearing and determination of this petition, a conservatory order is hereby issued, restraining the respondents, or any of them, from proceeding with the consecration of Rev Owuor as the second bishop of the Diocese of Maseno East of the Anglican Church of Kenya, or facilitating him to take up or discharge any functions of that office,” the order read in part.

Rev Gordon Opiyo filed a petition under certificate of urgency at the Kisumu High Court, naming the Anglican Church of Kenya, its Archbishop, the Chancellor of the Diocese of Maseno East, Rev Moses Masamba, Rev Bernard Otieno, and the Diocese of Kajiado Anglican Church of Kenya as respondents.

Venerables Hannington Oluoch and Bernard Okullo were joined in the petition as interested parties.

Bishop Opiyo, a candidate for the post, claimed that he was blocked from contesting despite being validly nominated.

He sought seven prayers, which included having the application certified as urgent, blocking the elections and their facilitation, barring Owuor’s consecration, preventing him from discharging the functions of the office, an ex parte hearing, and costs.

On September 9, 2024, the Diocesan Chancellor allegedly wrote a letter informing members of the Synod of the Diocese and the Provincial Standing Committee of the Synod of the Church of Kenya about the vacancy and advising on the procedure for the nomination of persons interested in filling the position.

He claimed that he had been invited and directed to appear before the Search Committee at St Peter’s Cathedral, Ahero, on November 2, 2024, accompanied by his wife and with his original certificates.

However, he stated that they were turned away over issues regarding the documents.

An inter-party hearing has been scheduled for January 2, 2025.

The court directed that the respondents file their responses from the date when the orders were issued.

It further granted the petitioner permission to file a supplementary affidavit.

An inter-party hearing has been set for January 2, 2025.