The Anglican Church of Kenya (ACK) has been ordered to begin the election process for a new bishop of the Mount Kenya West diocese within seven days, amid concerns that the church was not adhering to its constitutional timeline for filling the vacant position.
In his ruling, Justice Kizito Magare of the Nyeri High Court has ordered ACK Archbishop Dr Jackson Ole Sapit, along with the Provincial Synod, the ACK Mt Kenya West Synod, and the church’s registered trustees, to begin the process of selecting a new bishop by November 13.
In his orders, Justice Magare has further directed Arch Dr Ole Sapit to announce the consecration date and later conduct a consecration and enthronement service for the bishop-elect in accordance with the church’s constitution.
“The first respondent (Arch Ole Sapit) is ordered by consent, to commence the elections of the bishop of the ACK Diocese of Mt Kenya West on or before November 13 by commencing the nominations of the said elections,” stated Justice Magare.
The post fell vacant in April this year following the retirement of Bishop Joseph Kagunda who had served in the post for 20 years.
The process according to the ACK constitution was supposed to be undertaken on March 15 this year. Members of the diocese synod-the church governing council-were supposed to pick 16 representatives from amongst themselves to form a Search Committee. The Search Committee would then nominate not more than three candidates of good standing who would battle it out for the post of Bishop at the ballot.
However, this did not happen prompting one of the church’s faithful, Pharis Muriithi, to move to the Nyeri law court seeking orders to compel the respondents to adhere to the church’s constitution. In his prayers to the court through his lawyer Gacheru Wabandi, Muriithi pleaded with the court to intervene and protect the congregants from the leadership’s impunity
“Unless this honourable court intervenes urgently by granting the orders sought for the first instance, the respondents are likely to advance the acts of impunity by illegally failing to adhere to the ACK Constitution in filling the position held by Mr Kagunda,” said the petitioner in his sworn affidavit.
“This is likely to throw ACK Diocese of Mt Kenya West leadership into anarchy resulting in possible exposure of its entire membership into suffering irreparable prejudices which cannot be adequately compensated by way of damages,” added.
– By Wangari Mwangi, KNA
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