Economy
Church claims bishop stole deeds to 107 acres
Tuesday November 25 2014A church has accused a top clergy member of stealing the title deeds to 141 pieces of land it owns across Kenya in an attempt to cripple its operations.
The African Independent Pentecostal Church of Africa (AIPCA) has claimed in court papers that Archbishop Amos Mathenge led a faction of church members in breaking into its Bahati headquarters and making away with titles to about 107 acres, along with the institution’s official seal.
The church holds that the Archbishop is sponsoring splinter groups within their congregation in a bid to coerce everyone to follow his whims.
It now wants the High Court to compel Mr Mathenge to return the title deeds and the church seal saying it fears he may tamper with AIPCA’s properties.
“Mr Mathenge, who is not even a registered trustee of the church, has tried all means to interfere with AIPCA’s trust, even trying to deregister some trustees,” AIPCA said in court documents. “There is now imminent danger that he and his cronies might tamper with the properties of the church.”
The church has enjoined the Chief Land Registrar in the suit, to whose office it claims to have written several letters without seeing any action taken.
AIPCA and Mr Mathenge are engaged in eight other lawsuits, all part of a fight for control of the church and properties worth millions of shillings.
The dispute has seen both factions insist they are legitimate and accuse the other of trying to forcefully take control of the church and its property.
Lack of academic papers
The church’s four other suits against the Archbishop challenge his appointment over lack of proper academic papers, the commissioners he has appointed and defamation for acting on behalf of the church.
The Archbishop has in turn filed three suits against the church, seeking to lift various injunctions against him by the court.
He was, however, found in contempt of court last month for conducting ordinations despite a court order restraining any new appointments.
Justice Hatari Waweru fined Mr Mathenge Sh500, 000 for defiance of the orders. This sparked chaos in the courtroom after his followers attacked a section of journalists who were covering the proceedings.
In his defence, Mr Mathenge claims that he is not in possession of the title deeds, but that they are in the hands of “bona fide trustees” of the church.
“All the allegations made against me are malicious,” he said.
Mr Mathenge added that the suit before Lady Justice Lucy Gacheru was filed by two former trustees that he allegedly excommunicated from the institution after consulting with the church’s national committee in May.
He wants the suit thrown out, saying Mr Simon Mwangi and Mr Paul Gicho, who filed the suit, do not have the capacity to act on behalf of the church.
“Simon Mwangi and Paul Gicho ceased being trustees of AIPCA pursuant to a national committee resolution, the highest decision making organ of the church, and therefore they lack the capacity to instruct or file a suit on behalf of the church, making the whole suit incompetent,” he said.
Mr Mwangi and Mr Gicho, however, claim that their purported sacking was illegal as the committee was not properly constituted. This is one of the matters for determination in one of the suits filed against Mr Mathenge.
Mr Mwangi adds that the Archbishop was, in any event, a spiritual leader and should not be involved in any administrative action.
The church has further accused the Archbishop of building a church on one of the properties it had earmarked for the construction of a theological school in Kamulu, just outside Nairobi. AIPCA says there is already another church barely 500 metres from the property.
“The plans for the college had been approved and construction was due to start anytime,” says the church. “Mr Mathenge has initiated the construction of a church along the perimeter fence for his small splinter group.”
Mr Mathenge contradicted the claims, saying there was no church on the site, but that groundbreaking for the construction of the theological school has been done with the authority of the national committee.
He insists that he has always been a registered trustee of the church and that the plaintiffs have not proven otherwise.
“Most of the many suits cited by the applicants as pending in various courts have been filed as a fight back against their expulsion and excommunication,” said Mr Mathenge.
Lady Justice Lucy Gacheru will mention the matter on February 11 next year for further directions.