Republic v Makindu Principal Magistrate’s Court & 7 others Ex-Parte Justus Kimeu Suing as Registered Trustees of Jesus Celebration Centre & another [2015] KEHC 1176 (KLR)

Facts

The Plaintiffs in Makindu Principal Magistrates Court Case No. 392 of 2014 filed a suit against Pastor David Kavita Malonza, claiming he had breached the constitution of Redeemed Gospel Church by decamping with members of the church and attempting to transfer the church's property to another church. The Ex-parte Applicants, including Bishop Wilfred Lai, Bishop Charles Muoki, Bishop Mark Kegohhi, and Pastor David Kavita Malonza, moved the court to quash the proceedings in the Principal Magistrates Court.

Issues

1. Whether the First Respondent (the Makindu Principal Magistrates Court) had jurisdiction to entertain the suit.
2. Whether the Ex-parte Applicants have demonstrated that the magistrate lacked either statutory or pecuniary jurisdiction to entertain the suit.

Reasoning

The court held that the First Respondent had jurisdiction to entertain the suit, and the Ex-parte Applicants did not demonstrate that the magistrate lacked statutory or pecuniary jurisdiction. The court also ruled that the mere fact that the issues in the lower court were also pending in the High Court did not oust the jurisdiction of the lower court.

Outcome

The ex parte Applicants' Notice of Motion was dismissed.

Authorities cited