METHODIST CHURCH IN KENYA TRUSTEES REGISTERED & ANOTHER V. REV.JEREMIAH MUKU & ANOTHER

JUDGMENT OF THE COURT

This is an appeal from the Ruling of the High Court (Ouko, J.) dismissing the appellant’s petition on the ground that it was frivolous and an abuse of the process of the court.

It is necessary to give a synopsis of the litigation between the parties. Sometime in June 2003, the Rev. Jeremiah Muku, the 1^st respondent, filed a suit – Civil Case No. 412 of 2003 in the Chief Magistrates Court at Meru against the two appellants. He averred in the plaint, among other things, that, he was an ordained church Minister employed by the 1^stappellant, that at the material time he was working at Meru General Hospital as a Chaplain,that on 1^st March 2003 the 2^nd respondent convened a Standing Committee which purportedly suspended him from active service of the Church pending completion of investigation on the misappropriation of Church funds; that the resolution of the Standing Committee was communicated to him through a letter dated 19^th March, 2003 and that the decision to carry…