Yego & 3 others v Ogada (AIC Kisumu Region) & 3 others [2022] KEHC 14707 (KLR)

Yego & 3 others v Ogada (AIC Kisumu Region) & 3 others (Miscellaneous Civil Application 136 of 2020) [2022] KEHC 14707 (KLR) (3 November 2022) (Ruling)

Neutral citation: [2022] KEHC 14707 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Civil Application 136 of 2020

RE Aburili, J

November 3, 2022

Between

Silas Yego

1st Applicant

Geoffrey Gichure

2nd Applicant

John Kitala

3rd Applicant

Registered Trustees, AIC Church, Kenya

4th Applicant

and

Amos Nyaga Ogada (AIC Kisumu Region)

1st Respondent

Martin Orwa Obuya (AIC Kisumu City Region)

2nd Respondent

Joshua Ayiecho (AIC Muhoroni Region)

3rd Respondent

David Ouko Anyango (AIC Kisumu Region)

4th Respondent

Ruling

1. Having perused this file together with Kisumu CMCC 555/2018 between the parties hereto, I formed the opinion that the parties hereto deserve an opportunity to be engaged in court annexed mediation in order for them to bring all their issues on the mediation table freely and openly without any fear of an adversarial decision. The dispute between the parties is not an individual person’s dispute but it involves the church as a constituency and the church does not belong to any individual, not even the founders. It belongs to God himself, with church leaders being ordained to lead congregations. This is a church that has one faith in one God and the differences in opinions of the leaders can best be addressed by those leaders sitting at a round table under the facilitation of a trained accredited court annexed mediator to assist them discuss the issues that bring the differences so that the solution can come from the church itself instead of leaving the matter to the court to make a decision which is likely to divide the church even more.

2. As counsel for the parties are amenable to the court annexed mediation process, I hereby refer this matter for mediation. The Deputy Registrar, Kisumu High Court shall facilitate the process of appointment of a suitable mediator and advise the parties accordingly.

3. The court appointed mediator shall then forthwith set in motion the process of mediation in accordance with the court annexed mediation rules.

4. Mention before the Deputy Registrar, Kisumu shall be on 7/11/2022 for appointment of a mediator.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF NOVEMBER, 2022R.E. ABURILIJUDGE