Court orders PAG-Kenya to lift ban on women seeking top seats
National
By
Robert Amalemba
| Jul 18, 2024
Women can now vie for the lucrative posts of General Superintendent, General Secretary, and General Treasurer within the Pentecostal Assemblies of God (PAG)-Kenya Church, a court has ruled.
The ruling by Justice Jacqueline Nancy Kamau lifts the 26-year blanket ban that barred women from running for and occupying the seats.
The High Court judge ordered the church to amend its constitution.
The judgment, stemming from a consolidated petition, followed seventeen cases seeking to streamline the church's leadership and update its laws to align with current Kenyan statutes. Justice Kamau declared that Article 12.4 of the PAG-K Constitution violated the Kenyan Constitution by discriminating against women in the election of general officers.
"The qualification of men as the only persons who could be General Superintendent, General Secretary, and General Treasurer of the PAG-K Church falls afoul of the provisions of Article 27(5) of the Constitution of Kenya, which provides that no person shall discriminate against another on the basis of sex or gender," she said.
"Women are part of the church and are to be treated equally and fairly if they meet the criteria or qualifications for the elective position being contested. Any law that prohibited women from vying for any elective position in Kenya was clearly ultra vires the Constitution of Kenya and in particular Article 27 and could not be allowed to stand."
Article 12.4 of the PAG-K Constitution stipulated that the three generals must be male members of PAG-Kenya, between 40 and 60 years old at the time of nomination, ordained for at least ten years, and possess a diploma or higher in Bible studies. They must also have a ministry life beyond reproach.
The judge directed that the 1998 PAG-K Church Constitution be amended within one hundred and twenty days from the date of judgment, under the supervision of the registrar of societies. Kamau also ordered that elections be conducted within the next sixty days under the PAG-K Church Constitution and be overseen by the registrar.
To ensure compliance, the judge specified that if the church fails to hold elections or amend its constitution within the allotted time, the registrar of societies may extend the deadlines by thirty days for each action.
"Should non-compliance persist beyond this extension, the registrar is authorised to take necessary actions under Section 12 of the Societies Act Cap 108, without needing further court reference," she said.
Regarding the qualification of pastors being between 40 and 60 years old at the time of nomination, the court held that the PAG-K could set its criteria for office qualifications.
"A prospective employer or hirer of a particular position has the right to call for specific qualities for that position. Such prospective employers or hirers had the mandate to determine the age at which an employee could retire," said Lady Justice Kamau.
The petitioners, Elijah Kathiari Mikwa, Daniel Nyakundi Oyaro, and Mark Kakai Nangalama, outlined several demands against the church's senior most official, General Superintendent Patrick Lihanda, the registrar, and the Attorney General.
Key among them was the constitutionality of various provisions within the PAG-K constitution. They sought clarity on the proper process for amending the church's outdated 1998 constitution.
"Since the PAG-K church constitution has never been reviewed or amended, it is therefore not aligned with the various statutes that have been enacted thereafter, including the Constitution of Kenya, 2010. As a result, the church has unlawfully infringed on various fundamental rights and freedoms enshrined in the Bill of Rights, which provide for inclusion, enfranchisement, and non-discrimination among other guiding principles for all persons, bodies, and entities such as societies and churches," they said.