Methodist Church in Kenya Trustees Registered & another v Maso (Cause E005 of 2023) [2025] KEELRC 1096 (KLR) (3 April 2025) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 1096
- Citation
- [2025] KEELRC 1096 (KLR)
- Decided
- 3 April 2025
The court has jurisdiction to hear the case and finds that the Employment Act applies to the appointment of a church minister.
Facts
The Methodist Church in Kenya Trustees Registered and Isaya Deye filed a lawsuit against Rebecca Ghamakale Maso, alleging that she was improperly appointed as the Circuit minister for the Methodist Church in Kenya Delta Circuit. The respondent claimed that there was no employment relationship between the parties.
Issues
- Whether the Employment Act applies to the appointment of a church minister
- Whether the court has jurisdiction to hear the case
Reasoning
The court held that the Employment Act applies to the appointment of a church minister, as the duties and control are similar to those in an employment relationship. The court also found that the respondent was not properly served with the notice of transfer.
Outcome
The court dismissed the respondent's jurisdictional challenge and found in favor of the claimants.
Orders
- A permanent injunction against the respondent from referring/representing herself as the Circuit minister for the Methodist Church in Kenya Delta Circuit
- A restraining order against the respondent from interfering in the management and running of the church services
- A restraining order against the respondent from preventing the new Superintendent minister from performing his duties
Remedies
- Costs of the suit and interests
- Any other or further reliefs that the court deems fit and expedient to grant
Authorities cited
Legislation (2)
- Employment Act
- Employment and Labour Relations Act
Cases cited (1)
- Pentecostal Fellowship in Kenya v Kenya Commercial Bank
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