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Geoffrey Muthinja & Robert Banda Ngombe v. Samuel Muguna Henry, John Jembe Mumba, John Maroo, John Columbus Gikunda M'mwanjah, Bernard Njiru Arozon, Samuel Chivatsi Munga, James Marangu M'muketha & 1750 others

(2015) JELR 105226 (CA)

Court of Appeal  •  Civil Appeal 10 of 2015  •  30 Oct 2015  •  Kenya

Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage



The appellants GEOFFREY MUTHINJA and ROBERT BANDA NGOMBE are “men of the cloth”. They were until the controversial Annual General Meeting of the East Africa Pentecostal Church (“the Church”) held on 19th August 2010 the National Secretary-General and Treasurer, respectively, of the Church. They, together with SAMUEL MUGUNA HENRY, JOHN JEMBE MUMBA and REV. JOHN MAROO, the persons said to have been elected to office on that date, were sued at the High Court in Meru by the Trustees of the Church and some 1,750 other persons.

That suit, commenced by way of Constitutional Petition, alleged that the said elections spawned misunderstandings which generated a plethora of law suits filed by various interested parties in various courts in Meru and its environs. The petitioners therein, who are the 4th to 7th respondents in this appeal, alleged that the said multiple suits, including a dozen the particulars whereof were given, had all been filed against the spirit and letter …

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