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ELRCOtherNot stated in judgment· [2018] KEELRC 2458 (KLR)

Daniel Michael Juma v Anglican Church of Kenya All Saints Cathedral Diocese [2018] KEELRC 2458 (KLR)

Employment and Labour Relations Court
5 February 2018
MNMathews N. NdumaMOMaureen Onyango
788 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court ruled a priest's employment lawsuit can proceed, but only after he first tries resolving the dispute through the church's own internal mechanisms within 30 days.

What this practically means

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Executive summary

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The Respondent church, the Anglican Church of Kenya (Diocese of All Saints Cathedral), moved the court by an amended notice of motion filed on 28th June 2016 seeking to strike out the Claimant priest's suit on the ground that it raised no justiciable issues. The Respondent argued that there was no employment relationship between the Claimant and the church, that priesthood is a calling rather than a profession, that ordained priests are merely licensed to officiate and submit to canonical obedience, and that the Claimant had abandoned his duties, leaving the court without jurisdiction. Counsel relied on Hinga v PCEA, Wilson Shisia Nyangweso v Church of God in East Africa, and William Charles Fryda v Nadeau, all holding that members or clergy who submit to a church's constitution must exhaust internal mechanisms before approaching the court. The court observed that the Claimant, ordained on 2nd November 2004, had consented to be bound by the Diocese's constitution and to submit to its courts, and that his statement of claim showed no attempt to resolve the dispute within the church's framework. Nonetheless, the court held that the claim discloses serious triable issues and that it has jurisdiction over the alleged contract violation, salary reduction and unfair labour practices. It declined to strike out the suit but directed the parties to resolve the dispute through internal church mechanisms within thirty days, failing which the suit would proceed to trial on a priority basis in Nairobi.

Key legal issues

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01

Justiciability of an employment dispute between a priest and the church

Holding

The dispute is justiciable; the court declined to strike out the suit but deferred to internal church mechanisms first

Reasoning

The court accepted the line of authority that courts should be slow to interfere with church matters where internal mechanisms exist, but expressly affirmed its jurisdiction over the employment contract, salary reduction and unfair labour practice claims. It struck a balance by directing the parties to exhaust internal mechanisms within 30 days, failing which the suit proceeds to trial.

p. 2
02

Whether priesthood constitutes employment

Holding

The Respondent argued priesthood is a calling, not a profession, and that no employment relationship exists; the court did not conclusively determine this at the strike-out stage, finding serious triable issues

Reasoning

The court noted the claimant is an ordained pastor who committed to canonical obedience and consented to be bound by the diocese constitution. It found the statement of claim discloses serious triable issues arising from a relationship of service, leaving the employment question for trial rather than striking out the claim.

p. 2

Legal principles established

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  • A clergyman who has willfully submitted to the church constitution must first resort to the church's internal dispute-resolution framework before the court entertains the claim
  • The Employment and Labour Relations Court retains jurisdiction over employment disputes involving clergy notwithstanding deference to internal church mechanisms

Court orders

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  1. 1.Parties to attempt to resolve the dispute amicably through the church's internal mechanisms within thirty (30) days of the ruling
  2. 2.Failing resolution within 30 days, the suit to be set down for trial on a priority basis before the court at Nairobi

Authorities

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Cases cited (3)

  • Hinga & Another v PCEA thro’ Rev. Dr. Njoya & Another
  • Wilson Shisia Nyangweso v Church of God in East Africa (K)
    Mombasa, E & LRC No.95 of 2016
  • William Charles Fryda v Lance P Nadeau and Maryknoll Fathers and Brothers Society
    Nairobi Civil Case No.383 of 2013
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over employment disputes (court expressly asserts jurisdiction over alleged contract violation, salary reduction and unfair labour practices)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Daniel Michael Juma v Anglican Church of Kenya All Saints Cathedral Diocese [2018] KEELRC 2458 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2458/eng@2018-02-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.