Wilfred Ochieng’ Amollo & others v Anthony Ochola Owiti & another [2019] KEELC 4910 (KLR)
The bottom line
#A Kenyan court ordered a former pastor to account for church funds, but refused to transfer church land because the owners couldn't produce title documents.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Defendant held a fiduciary role as Pastor and treasurer of Skills For Living Ministries
Yes; the 1st Defendant was treasurer and later also Pastor and Overseer/Manager of Skills Pharmacy Kondele, as evidenced by the Pastors Agreement and other documents he signed
The court relied on the Agreement for Pastors dated 8th April 2004 (exhibit P1), the lease agreement with Charles Obwogi and G.Z. Owiti (exhibits 4 and 5), the certificate of registration of Skills Pharmacy as a business name and correspondence in Skills Pharmacy headings (exhibits P6 and 11), all bearing the 1st Defendant's name and signature. The Agreement's clauses 2, 11, 13(c), 15 and 16 imposed obligations to surrender documents, handle finances honestly and leave church assets behind on departure.
Whether an order for transfer of the Migosi plot and church could be granted
No, not at this stage; the Plaintiffs failed to provide proof of the plot's registration and a necessary party (Benson Kariuki, co-registered owner) was not joined
The court noted the absence of any letter of allotment, lease, certificate of title, green or white card or official search, and the 1st Defendant's testimony that the plot was registered in his and Benson Kariuki's joint names. Since Kariuki is not a party, the court directed the parties to discuss the plot registration when taking accounts and file appropriate documents.
Whether the Plaintiffs proved entitlement to an account of funds and pharmacy proceeds
Yes; a preliminary decree for taking of accounts was issued against the 1st Defendant
Funds for acquiring the plot and constructing Grace Center were procured and arranged for the benefit of Skills For Living Ministries, but were taken over by Grace Ministries when the 1st Defendant left without the Plaintiffs' consent. His fiduciary position required proper handing over and accounting, and the Plaintiffs established a case for taking of accounts.
Legal principles established
#- A person occupying a fiduciary position in a church organisation must do proper and exhaustive handing over and accounting so as to secure the funds and assets of its members
- Where a defendant tenders no evidence to rebut the plaintiff's evidence on ownership, the plaintiff's case on ownership is proved
Court orders
#- 1.A preliminary decree issued in favour of the Plaintiffs and against the 1st Defendant under Order 21 Rule 17 of the Civil Procedure Rules requiring him to render a true and honest account within ninety (90) days, in respect of (i) funds received for the purchase of the plot and development (construction) of Grace Center and (ii) funds received and proceeds from the Skills Pharmacy, Kondele
- 2.The parties be at liberty to consult, exchange and agree on the source documents to be used or taken into account during the accounting exercise
- 3.The matter be fixed for a mention after the expiry of the ninety-day period for further orders
- 4.Each party at liberty to apply
- Jurisdiction invoked
- Environment and Land Court, ELC Case No. 480 of 2015, transferred from the High Court (Kisumu HC Civil Suit No. 43 of 2008); order made under Order 21 Rule 17 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wilfred Ochieng’ Amollo & others v Anthony Ochola Owiti & another [2019] KEELC 4910 (KLR)", Case Analysis (2019). ELC. Case No. 480 of 2015 (formerly Kisumu HC Civil Suit No. 43 of 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4910/eng@2019-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.