ARTHUR NJENGA & 3 OTHERS v SHANSON M. GAITHO & 2 OTHERS [2007] KEHC 3078 (KLR)
- Court
- High Court of Kenya
- Case number
- 3078
- Citation
- [2007] KEHC 3078 (KLR)
- Decided
- 16 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Interim and Mandatory InjunctionsCoramM. K. IBRAHIM
Holding
The Court grants the Plaintiffs' application for interim and mandatory injunctions to prevent the ordination of the 3rd Defendant as a Bishop of Eldoret Diocese.
Facts
Plaintiffs claim to be members of the African Independent Pentecostal Church of Africa and seek to prevent the ordination of a new Bishop in Eldoret Diocese.
Issues
- Whether the Plaintiffs have standing to bring the suit.
- Whether the ordination of the 3rd Defendant as a Bishop violates the Church's Constitution.
- Whether the Plaintiffs can be adequately compensated for the alleged violation of the Church's Constitution.
Reasoning
The Court finds that the Plaintiffs have shown a prima facie case that the ordination violates the Church's Constitution and that the Plaintiffs cannot be adequately compensated for the violation.
Outcome
The Court grants the Plaintiffs' application for interim and mandatory injunctions.
Orders
- Interim injunction to restrain the Defendants from the elevation, installation and ordination of the 3rd Defendant as Bishop of Eldoret Diocese.
- Mandatory injunction to restrain the Defendants from the elevation, installation and ordination of the 3rd Defendant as Bishop of Eldoret Diocese or any other province of AIPCA within the Republic of Kenya.
Remedies
- The Plaintiffs shall bear and be responsible for all the costs, expenses and damages which may arise and incurred by the Defendants as a result of the grant of the Order and cancellation of the intended installation/consecration of the Bishop of the Eldoret Diocese.
Authorities cited
Cases cited (1)
- GIELLA –V- CASSMAN BROWN
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