Nguli Suing as the representative of Jesus for life Foundation Ministry Church, Kitui & another (Suing as the representative of Jesus for life Foundation Ministry Church, Kitui) v Mailu & 3 others (Civil Appeal E002 of 2022) [2022] KEHC 3136 (KLR) (19 May 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 3136
- Citation
- [2022] KEHC 3136 (KLR)
- Decided
- 19 May 2022
The court finds merit in the Notice of Motion and allows the injunction, ordering the respondents to remove padlocks and signage, and to restore the church's original signage.
Facts
The applicants, Robert Kitonga Nguli and James Mwendwa Maewu, representing Jesus for Life Foundation Ministry Church, Kitui, filed a Notice of Motion seeking orders to remove padlocks and allow access to the church premises. The respondents, Nicholas Muoki Mailu, Michael Ndambuki, and Stephen Musembi, claimed to be former members of the church who had moved to El-Bethel Victory Church.
Issues
- Whether the respondents have the authority to act on behalf of the church
- Whether the respondents' actions constitute a violation of the church's constitution and the right to worship
Reasoning
The court acknowledges the right to worship but emphasizes the need for lawful and orderly exercise of that right. The applicants have established a good case against the respondents, and the balance of convenience tilts in favor of the applicants.
Outcome
The Notice of Motion is allowed with the specified orders.
Orders
- An injunction is issued to stop the respondents from disrupting the worship and church activities of Jesus for Life Ministry, Kitui Branch.
- The respondents are ordered to remove padlocks and signage and restore the original signage of Jesus for Life Foundation Ministry (JFLM).
- The OCPD Kitui is directed to ensure compliance with the order.
- The costs of the application are awarded to the applicants.
Remedies
- Injunction to prevent disruption of worship and church activities
- Removal of padlocks and signage
- Restoration of original signage
Authorities cited
Legislation (2)
- Article 32 of the Constitution of Kenya
- Article 24 of the Constitution of Kenya
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