Priests sacked over gay claims sue bishop for defamation

Three Anglican Church of Kenya (ACK) priests sacked after being of accused of practicing homosexuality have sued Mt Kenya West Diocese Bishop Joseph Kagunda for defamation.

This is the second suit they have filed, having challenged their sacking at the Employment and Labour Relations Court.

Reverends John Njogu Gachau, James Maina and Paul Mwangi Warui have each filed a civil case accusing the bishop of tarnishing their names and destroying their reputation.

Through Wonge Maina and Onsare Advocates, the priests accuse Bishop Kagunda of maliciously and spitefully executing and authoring defamatory statements in church, which were repeatedly published in national newspapers, knowing well his allegations were not true.

“The Bishop, knowing very well how sensitive nature the 'gay preacher subject' is in the ACK church and the public and how the same would reflect on the image and character of the plaintiffs and the reactions it will elicit from the congregants, proceeded to read out the subjects letter to all,” the lawyers state in the suit papers.

According to Rev Gachau, who served as the archdeacon of Mt Kenya West Diocese and ministered at St Andrews Kangogo parish, his dismissal letter as it was read to the congregation during a Sunday service was understood to mean he is not worthy of the good reputation he possessed.

He adds that the interpretation of the letter also portrayed him as a morally corrupt man who is not fit to hold any office in a representative capacity.

“That my client is a sexual pervert and a criminal, a man of corrupt morals who cannot be trusted in engaging with parishioners at all, that he is greedy, heartless and should be shunned and avoided by the right thinking members of the society,” the suit papers state.

VIDEOS

Rev Gachau also adds that it implied that he was a serial liar who takes advantage of his colleagues in the diocese and conducts himself in an unprofessional manner and should be avoided because of having engaged himself in sexually immoral conduct.

Rev Maina and Rev Warui accuse the bishop of failing to inform them when they appeared as witnesses over the alleged sexual immorality conduct involving Rev Gachau that they were also being investigated.

Each of them argued that they were not told if they were appearing as accused persons or as a witnesses.

Rev Maina’s dismissal letter stated that he had admitted constantly visiting Rev Gachau’s house and watching videos in his bedroom which left a lot to be desired and that it was certainly not worthy of him as a cleric in the ACK church.

Rev Warui’s dismissal letter stated that during the tribunal the witnesses adversely mentioned his name as one of the persons who had been involved in the homosexuality behaviour.

Rev Maina served at St Philip’s Thunguri Parish while Rev Warui was ministering at Charity Parish.

They accuse Bishop Kagunda of malice by refusing to ensure the tribunal followed due process provided by the ACK constitution.

In their cases, they have listed the Church Commissioners for Kenya, a body that brings together various churches as the second defendant.

They are seeking an apology in the local dailies and general and exemplary damages for libel. The three also have pending cases at the Employment and Labour Relations Court that are yet to be heard and determined, seeking reinstatement.

The Nyeri court issued a 15-day summons to Bishop Kagunda and the Church Commissioners for Kenya to appear or the civil cases will be heard and judgment entered in their absence.