In Summary
  • Justice Abigail Mshila said the agreement drafted by Mr Oundo could not be legally binding because it was undated and was not signed by the bishop or the church trustees.
  • Lawyer David Onsare, for the clerics, protested that the agreement was not clear on issues of damages and costs.

  • While referring the case back to the court-annexed mediation the judge directed the mediator to expound on whether the church should pay the three clerics damages.

A homosexuality case pitting three Anglican Church clerics against Bishop Joseph Kagunda of Mt Kenya West diocese took a new twist Wednesday after a court refused to adopt an out-of-court agreement filed by a mediator.

Justice Abigail Mshila said the agreement drafted by Mr Joakim Mulama Oundo of the court-annexed mediation program could not be legally binding because it was undated and was not signed by the bishop or the church trustees.

GAPS

The judge further pointed out that two people unknown to the court had signed the document on behalf of Bishop Kagunda and the Church. The two people are Venerable Canon Gerald Muriithi and Venerable Samuel Waweru, according to the document.

“For the mediation agreement to be binding the two respondents, Bishop Kagunda and the registered trustees of the Anglican Church of Kenya, must sign in person. The court does not know the two people and the mediation agreement is also not dated,” said Justice Mshila.

According to the document, Bishop Kagunda did not attend any of the four mediation sessions held at the Nyeri Old Courts building in December and January and was instead represented by the Canon Muriithi.

But Archdeacon John Gachau and Reverends James Maigua and Paul Warui attended the mediation sittings and appended their signatures on the final agreement.

While referring the case back to the court-annexed mediation the judge directed the mediator to expound on whether the church should pay the three clerics damages.

The mediator was also directed to clarify on who should bear the costs of the suit, which started in 2015 after Bishop Kagunda revoked preaching licences of the pastors due to allegations of engaging in homosexuality.

COSTS

Lawyer David Onsare, for the clerics, protested that the agreement was not clear on issues of damages and costs.

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