Deacon Joseph Macharia v Benard Muthoga & another [2019] KEELRC 140 (KLR)
The bottom line
#Kenya's Employment Court ruled it cannot hear a dispute over a church deacon's suspension because religious appointments are not employment relationships.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction over a dispute concerning suspension of a Deacon within a church
The dispute is ecclesiastical and not justiciable before the court; the suit was dismissed and the dispute referred to the Church
The court held that the Claimant's dispute with church officials was of ecclesiastical import and not a matter for the court. It noted that no employee-employer relationship existed between the Deacon and the Respondents, so the specialized employment court could not entertain the claim. Relying on Shergill v Khaira, it held that only ultra vires actions affecting civil rights or fundamentally irregular proceedings warrant judicial intervention, neither of which was established here.
Whether the suspension was ultra vires the Church constitution
Even assuming ultra vires conduct, a member 'could' invoke court jurisdiction, but a mere procedural irregularity is insufficient; the alleged irregularity must go to the honesty and integrity of the proceedings
The court applied Shergill v Khaira, emphasizing the word 'could' in the test for judicial intervention and that a mere irregularity in procedure is not enough. The Claimant's complaint about the 1st Respondent's assumed powers was treated as a point of form rather than a fundamental breach going to the honesty and integrity of the disciplinary process.
Legal principles established
#- Courts will entertain actions arising from ecclesiastical bodies only where the association acted beyond its constitution affecting civil or patrimonial rights, or where the proceedings were vitiated by fundamental irregularity going to honesty and integrity; a mere procedural irregularity is not enough.
- A civil/employment court cannot determine religious or ecclesiastical disputes absent an employee-employer relationship.
Court orders
#- 1.The suit is dismissed with no order as to costs
- 2.The dispute is referred to the Church to resolve in terms of the Church constitution and the Bible
- Jurisdiction invoked
- Employment and labour relations jurisdiction of the specialized court (the claim was framed as a suspension-from-duty dispute)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Deacon Joseph Macharia v Benard Muthoga & another [2019] KEELRC 140 (KLR)", Case Analysis (2019). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/140/eng@2019-12-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.