Contempt case against PCEA officials to proceed on January 21 after Justice Wamalwa’s transfer.
The contempt case involving two senior officials from the Presbyterian Church of East Africa (PCEA) is set to proceed on January 21.
Lady Justice Tabitha Wamalwa, who had been handling the case, explained that she could no longer continue as she had been transferred by the Chief Justice.
Justice Wamalwa referred the matter to the Presiding Judge of the Civil Division for further directions, citing her impending transfer.
PCEA Moderator Thegu Mutahi and Secretary General Rev Robert Waihenya face allegations of contempt of court after defying orders halting the installation of David Nderitu Ndumo as Honorary Treasurer of the church.
Lady Justice Asenath Ongeri, who had issued the orders, had previously warned those defying court decisions that legal consequences would follow. However, Justice Ongeri has since been transferred to Voi and Justice Wamalwa assumed responsibility for the case.
Today, Lady Justice Wamalwa explained that due to her transfer, the case could not proceed as planned, as there would not be enough time for her to conclude the matter before her departure.
The petitioner's counsel, Andrew Mucho, had planned to present a video demonstrating Rev Mutahi's refusal to accept the injunction order issued by Justice Ongeri.
The injunction was part of an ongoing case at the Cooperative Tribunal concerning Ndumo, who has been accused of failing to repay a loan from Sheria SACCO. The loan, initially Sh5.8 million, has since accumulated interest, bringing the total amount owed to Sh7.6 million.
As a result, Ndumo's property, including three cars, has been attached and the court has ordered them to be auctioned to recover the debt.