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JOSEPH NTOMBURA
V.
GODFREY SIMIYU & 4 ORS

(2018) JELR 100591 (CA)

Court of Appeal 7 Dec 2018 Kenya
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Case Details

Suit Number:Civil Appeal 361 of 2017
Judges:Philip Nyamu Waki, James Otieno Odek, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Joseph Ntombura v. Godfrey Simiyu & 4 others [2018] eKLR

JUDGMENT OF THE COURT

1. This is an interlocutory appeal. By a Plaint dated 14th October 2015, the 1st to 4th respondents filed suit against the appellant seeking orders that the appellant is not qualified to hold the office of Bishop of Methodist Church of Kenya in accordance with Standing Order of the Church No. 53 of 2011. The respondents prayed that the appellant be ordered to vacate the office of Bishop and pave way for fresh elections.

2. In the Plaint, it is alleged inter alia, that the appellant upon taking office as Bishop has brought infighting to the church; managed the church as his personal property; caused fear among church members; runs the church with impunity; has in contravention of the Standing Orders leased church property; has mismanaged the church as an institution; has conflict of interest in running his businesses with the church and has failed to disclose his academic qualifications.

3. The appellant filed a Statement of Defence dated 15th June 2016 contending in…

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