Court orders fresh hearing of AIC Narok Town Church leadership dispute

The High Court in Narok has ordered a fresh hearing of a dispute between the African Inland Church (AIC) top leadership and its members over the management of church affairs.

AIC’s Southern Region Presiding Bishop, Samuel Nyakul, the Chairperson of the Regional Church Council, Timothy Ketere, and the Chairperson of the District Church Council, Tumanka Mulinka, are embroiled in a dispute with the church members that led to the closure of the church.

Bishop Nyakul told Justice Charles Kariuki that they are the legitimate leaders of the AIC Narok Town Church.

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The Bishop said that they lawfully initiated judicial review proceedings before Justice Kariuki to challenge the transfer of the matter by a resident magistrate to another resident magistrate court without the high court or presiding magistrate's authority.

Justice Charles Kariuki ordered for the case to be forwarded before a chief magistrate to be heard afresh.

Justice Kariuki also quashed a decision by the Narok Resident Magistrate dated May 15, 2025, to transfer the dispute to another court of concurrent jurisdiction without the authority of the high court or presiding magistrate.

The judge also dismissed all the proceedings and orders made by the second resident magistrate on and after May 29, 2025, and termed the orders null and void.

“The file Narok MCCC/E120/2025 shall be forthwith remitted to the Chief Magistrate's Court at Narok for reallocation to a magistrate other than the 1st and 2nd Respondents, by the law and the Judiciary's administrative procedures. The matter shall proceed de novo before the magistrate to whom it is reallocated,” said Justice Kariuki.

On April 27, 2025, the Church leadership, armed with a court order and police, locked down the church, barring the congregation from entering for worship.

The Bishop maintains that all actions they took have been lawful, peaceful, and consistent with the court’s directions.

Bishop Nyakul said that the temporal injunctive orders issued do not limit the right to worship but are merely intended to preserve peace and protect church property pending the resolution of disputes.

Bishop Nyakul told the judge that instead of pursuing lawful channels, the congregation allegedly took matters into their own hands by forcibly breaking into the church premises on June 15, 2025, replacing padlocks, and removing closure notices.

He attached a letter from the AIC National Leadership supporting the temporary closure of the church as a conflict de-escalation measure.

However, the church members, through Toroitich Chesang, accused the bishop and the other church leadership of failing to resolve the matter internally. 

Chesang said that despite efforts to resolve the matter internally and through courts, the Bishop and other leaders unilaterally locked out the congregation, forcing them to worship outside the church gate in insecure and uncomfortable conditions.

Chesang asked the court to order the church leaders to remove the padlocks and any other obstruction placed on the doors and gates of AIC Narok Town Church.

Bishop Nyakul termed the actions unlawful and violent and showed complete disregard for ongoing court processes.

The Bishop said the congregation failed to appear in court during an application to seek a temporal injunction stopping them from interfering with the church premises.

However, Chesang disputed the claim that the judicial review application and subsequent court documents were never properly served on their advocate.

Chesang also challenged the purported letter from the AIC national leadership justifying the church’s closure, asserting it was merely a personal move by the applicants to impose their will on the church community.

Justice Kariuki noted that the decision to close the church was an internal measure meant to preserve peace and order pending reconciliation.

"Their application to protect the church property was therefore not without justification," said Justice Kariuki.

The judge said the congregation has not demonstrated any substantial loss that would result from the maintenance of the orders.

"The Interested Party's (congregation) conduct, including forcibly gaining access to the church and removing padlocks in violation of interim orders, disentitles them from equitable relief," said Justice Kariuki.