Oyondi v Lihanda & another; Pentecostal Assemblies of God Kenya & another (Interested Parties) (Cause E010 of 2024) [2024] KEELRC 1699 (KLR) (27 June 2024) (Ruling)

Summary at a glance

Facts

The Applicant, Patrick Oyondi, was asked to show cause and hand over the office to the General Treasurer of PAG-Kenya Church by Rev. Dr. Patrick M. Lihanda, the General Superintendent. The Applicant sought an interim injunction to stay the proceedings and remain in office.

Issues

• Whether the Applicant has locus standi to bring the application
• Whether the Applicant has exhausted procedures in PAG-Kenya Church
• Whether the Applicant has a valid contract
• Whether the Applicant is entitled to the interim orders sought

Reasoning

The Court considered the pleadings and submissions and found the application merited, granting the interim injunctions.

Outcome

The application was granted.

Orders

• The letter dated 2nd April 2024 asking the claimant to show cause, suspend and hand over the office to the General Treasurer of PAG-Kenya Church be and is hereby stayed.
• The Claimant shall remain in office as the General Administrator of PAG Kenya Church and be entitled to all benefits and free from any interference by the Respondents.
• A permanent injunction do issue restraining the Respondents, their agents, and/or servants from using Police Ocers from Gambogi Police Station or any other Police Station for purposes of intimidation, coercing, arrest, detaining, charging the Claimant in relation to matters relating to the Claimant’s employment pending the hearing of this application.
• A permanent injunction do issue restraining the respondents, their agents, and/or servants from matters relating to the Claimant’s employment pending the hearing of the proceedings herein.
• The Honourable Court do declare the Respondents are not ocials of Pentecostal Assemblies of God Kenya Church and hence should not hold out as the employees of the Claimant.

Remedies

• Interim injunctions to stay proceedings and remain in office
• Interim injunctions to prevent interference by Respondents

Authorities cited