Ogada (AIC Kisumu City Region) & 3 others v Mulwa (Presiding Bishop AIC Kenya) & 3 others [2024] KEHC 3713 (KLR)
Full Case Text
Ogada (AIC Kisumu City Region) & 3 others v Mulwa (Presiding Bishop AIC Kenya) & 3 others (Constitutional Petition E010 of 2023) [2024] KEHC 3713 (KLR) (22 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3713 (KLR)
Republic of Kenya
In the High Court at Kisumu
Constitutional Petition E010 of 2023
RE Aburili, J
March 22, 2024
Between
Eld. Amos Nyaiga Ogada [AIC Kisumu City Region]
1st Applicant
ELD. Martin Orwa Obuya [AIC Kisumu City Region]
2nd Applicant
ELD. Joshua Dume Ayiecho [AIC Muhoroni Region]
3rd Applicant
Eld. David Ouko Anyango [AIC Kisumu Region]
4th Applicant
and
Rev. Abraham Mulwa [Presiding Bishop AIC Kenya]
1st Respondent
Rev. Paul Kirui [Deputy Presiding Bishop AIC Kenya]
2nd Respondent
Rev. John Kitala [Adminisrative Secretary, AIC Kenya]
3rd Respondent
The Registered Trustee, AIC Church Kenya
4th Respondent
Ruling
1. I have considered the oral application by the Petitioner’s counsel for status quo to be maintained until the petition is heard and determined as the Respondents are said to be likely to take precipitative action to exclude the Petitioners from the activities of the AIC Kenya.
2. I have also perused the application dated November 6, 2023 upon which the orders of November 7, 2023 were made exparte in the first instance and the prayers sought in the petition dated November 6, 2023 which is pending hearing and determination on merit.
3. I observe that the Petitioners also sought for other orders in the petition which include declarations and directives. From the said prayers, I find nothing to be granted to preserve the status quo as the court upon hearing the Petition will make appropriate orders based on the evidence that will be adduced.
4. I therefore decline to make orders on status quo which status quo situation is not clear to the court.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 21ST DAY OF MARCH, 2024R. E. ABURILIJUDGEPage 2 of 2