Court stops ACK bishop from taking over in leadership row

Canon Bishop Joshua Owiti (seated) of the Anglican Church of Kenya after taking an oath of office as the first Bishop of Maseno East Diocese at Rae Girls High school on June 05,2016. [File, Standard]

The Kisumu High Court has halted the concentration and enthronement of Rev. 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 over the office or discharging any functions of that office.

This was after an aggrieved clergy, moved to court to stop the occupation of the office that had been declared vacant after Bishop Joshua Owiti retired upon attaining age 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 concentration 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 and to discharge any of the functions of that office," the order read in part.

Rev. Gordon Opiyo filed a petition under certificate of urgency at the Kisumu High Court and named Anglican church of Kenya, it's Archbishop, Chancellor Diocese of Maseno East, Rev. Moses Masamba, Rev. Bernard Otieno and 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 who was a candidate for the post claimed that he was blocked from contesting despite having been validly nominated.

He had sought for seven prayers which included the application being certified urgent, blocking of elections, it's facilitation, barring Owuor's concentration, stopping him from discharging functions of the office, ex-party hearing and costs.

Opiyo argued that the procedure for electing a person to fill the vacant bishopric should have commenced not less than 3 months to July 15, 2024 and completed not less than one month to the same date. 

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

"The communication was in violation of Article Xl (2)of the Constitution and Article VIll (2)of the Constitution of the Diocese and a violation by the 4 Respondent of the provisions of Canon X (12)that enjoins him to ensure compliance with the Constitution of the Church," the petitioner argued. 

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, at 10.00 am via email, in the company of his wife and while armed with all his original certificates.

He claimed he turned up for the interview but were turned away with his spouse over claims of issues regarding the documents he had submitted.

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.