The Labour Court has issued a warrant of arrest against Bishop of Anglican Church Mt Kenya West Diocese Joseph Kagunda.
Justice Nzioki wa Makau directed the court to apprehend the bishop and present him in court for contempt.
“You
are hereby commanded forthwith to apprehend Bishop Joseph Kagunda and
bring him before this court to answer to the said charge and to be
further dealt with according to law on July 12, 2018 at 9.00am,” the
judge instructed the bailiff.
HOMOSEXUALITY
In
the order signed by the deputy registrar of the Employment and Labour
Relations Court, the judge also directed the bailiffs to apprehend the
managing director of the Registered Trustees of the Anglican Church of
Kenya for failing to appear in court on June 25, 2018.
Justice
Makau issued the order following an application by three priests who
were reinstated to their ministerial duties by the court after being
suspended over their alleged engagement in homosexuality.
Reverend Paul Warui, Arch-deacon John
Gachau and Reverend James Maigua, through lawyer David Onsare, indicated
that the Church had disregarded court orders.
The
lawyer told the court that on May 15, 2018, the church was fined
Sh200,000 for disobeying a court order to reinstate and compensate the
priests.
DEFAMATION
Justice
Makau said that did not compensate the priests Sh6.8 million in
accordance with the earlier directive issued by Justice Byram Ongaya on
September 30, 2016.
Judge Ongaya made the orders after
establishing that the homosexuality claims against the three priests
were untrue and that they suffered ‘deep defamation in the eyes of the
congregants and the public’.
“The respondents have
exhibited their resolve to frustrate and take advantage of the clients
who had no other avenue of recourse other than the court of law. They
have refused to obey numerous court orders, therefore prolonging the
psychological trauma suffered by the claimants,” said Mr Onsare.
He added that the church has withheld the fruits of the judgment to the detriment of the claimants and their families.
LIVELIHOOD
The lawyer said that the knowledge of the court orders cannot be disputed.
“The
conduct of the respondents and its principal officers shows a
systematic contemptuous attitude to the proceedings and orders of this
court. The culture of disobeying court orders has reached very high
levels in Kenya and the courts must now exercise their constitutional
authority of punishing people for contempt of court,” said Mr Onsare.
The
three priests say that they are suffering, considering that their
employment by the church is their main source of livelihood.
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