A US based Kenyan pastor who was defrocked following allegations of sexual misconduct will not be reinstated, a Massachusetts court has ruled.
Judge Joseph M Walker III of Middlesex County Superior Court dismissed claims filed by Rev Dr Anthony Karimi Mumbui to counter a suit by the Trustees of the Presbytery of Northern New England (PNNE), seeking to enforce an earlier decision by a special tribunal.
Dr Mumbui had sought to be allowed to resume his duties as the pastor of the Kenyan Community Presbyterian Church in Lowell, Massachusetts.
But in a written ruling obtained by the Daily Nation on Monday, Judge Walker said Mr Mumbui is unfit to continue leading the Kenyan congregation.
The court sitting in Boston ruled that evidence adduced indicated that the Presbytery of Northern New England acted within its mandate when it defrocked the pastor in 2010.
Dr Mumbui had moved to court to challenge a decision to strip him of his position as a cleric. He was removed from the pulpit by the PNNE trustees in November 2010 following an ecclesiastical trial which found him guilty of three counts of sexual abuse and sexual malfeasance.
The court heard that in September 2009, the Presbytery received complaints that the pastor had sexually abused a young female parishioner.
After investigations, formal charges were filed with the Permanent Judicial Commission (PJC) which held a trial and found the pastor guilty as charged. Stephen Quinlan, a renowned Massachusetts lawyer, was the lead prosecutor during the sexual abuse proceedings.
CHURCH DISPUTES
PJC is a special court appointed by the 2.3 million-member Presbyterian church of USA secretariat to deal with disputes within the church.
Dr Mumbui dismissed the findings claiming that the Presbytery had no powers to strip him of his duties and immediately appealed the ruling at the Synod.
But in a twelve-page ruling whose copy was emailed to the Nation on Monday, the judge said the Second Amendment of the US constitution did not preclude the right of organisations to form tribunals for adjudicating disputes related to malfeasance.
“Mr Mumbui was a member of the New England Presbytery in 2010 and therefore subject to its jurisdiction, including its rules and regulations,” reads part of the verdict.
The latest development is a culmination of a seven-year old protracted tussle pitting pastor Mumbui, members of the Kenyan Community Presbyterian Church, which is popularly known as Ushindi Church, and the New England presbytery.
Judge Walker said the Massachusetts courts had long held that a church’s incorporation under the laws of the State does not exempt it from the jurisdiction of a hierarchical church.
“The United States Supreme Court recognizes that the Presbyterian Church is hierarchical in structure, as contrasted with congregational churches,” he said.
As such, the judge added, the Presbytery’s decision to investigate a parishioner’s claim of sexual abuse and to subsequently hold a hearing to determine whether Mumbui violated church policy was within their authority under the Book of Order, which guides the operations of the Presbyterian Church.
‘Likewise, the Presbytery’s subsequent decision to sanction Mumbui was within its authority and this court will not interfere with that decision,” he said.
The ruling elicited mixed reactions from members of the Kenyan Community Presbyterian Church who have been following the developments keenly.
A Lowell-based Kenyan who spoke to the Nation on condition of anonymity said the allegations facing the pastor had divided the church into two camps. “It’s the biggest Kenyan Community Church in the region but its survival is threatened by the latest developments,” he said in a phone interview.
Presbytery of Northern New England is the local governing body of Presbyterian Church of the US with jurisdiction over congregations in Northern Massachusetts, New Hampshire, Maine and Vermont.
Court documents show that prior to the fallout, the Presbytery of Northern New England had formally admitted Dr Mumbui as one of its members and allowed him to enjoy a number of benefits from the board of pensions.
He also received immigration sponsorship which earned him a US Permanent Residency permit, popularly known as a Green Card.
By BMJ MURIITHI
Source-nation.co.ke
US court upholds decision to defrock a Kenyan pastor
