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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 1096 (KLR)

Methodist Church in Kenya Trustees Registered & another v Maso (Cause E005 of 2023) [2025] KEELRC 1096 (KLR)

Employment and Labour Relations Court
3 April 2025
MMM. Mbarũ
3,613 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The claimants, the Methodist Church in Kenya (a registered society suing through its trustees) and its Presiding Bishop, sought a permanent injunction restraining the respondent, a church minister, from holding herself out as Circuit Minister of the Delta Circuit, Singwaya Synod, from interfering with church services, and from obstructing the newly posted Superintendent Minister, plus costs. The claim arose from the respondent's refusal to take up a transfer dated 1 August 2023 from Delta Circuit to Kangeta Circuit, Nyambene Synod, her failure to respond to a notice to show cause and her suspension under Church Standing Orders S.O. No. 103(2b). The respondent challenged the court's jurisdiction, denied an employment relationship (asserting she received a stipend, not wages), denied service of the transfer and disciplinary letters, and alleged the transfer violated natural justice and amounted to gender and health-status discrimination. The court held it had jurisdiction: following the Supreme Court in Kenya Tea Growers Association, the employment relationships under Section 12 of the ELRC Act are not exhaustive, and the respondent's appointment letter, control under the church constitution, remittance of statutory dues and stipend circular established an employment relationship despite the stipend label. Service was proved, and in any event the respondent had admitted receipt of the transfer letter in her Replying Affidavit. Upholding the employer's prerogative to transfer, the court found the claim merited and issued permanent injunctions in the terms sought, with each party bearing its own costs. Delivered at Malindi on 3 April 2025 by M. Mbarũ, J.

Key legal issues

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01

Jurisdiction of the ELRC over a church minister paid a stipend

Holding

The relationship between the respondent and the church is an employment relationship; the court has jurisdiction

Reasoning

The respondent was appointed as a minister under a defined letter, her duties were controlled by the church constitution and standing orders, statutory dues (KRA, NSSF, NHIF) were remitted for her, and the circular fixing a minimum stipend speaks to employment rather than a commercial enterprise. Transfers, suspension and discipline are incidents of employment, so the dispute falls within Section 12 of the ELRC Act as construed by the Supreme Court in Kenya Tea Growers Association.

p. 5
02

Locus standi of the 1st claimant, an unincorporated society

Holding

An unincorporated registered society cannot sue in its own name but may sue through its officials/trustees

Reasoning

The 1st claimant is registered under Section 10 of the Societies Act and is not a legal person. Following Pentecostal Fellowship in Kenya v Kenya Commercial Bank, it sues through its officials; here the trustees are registered custodians and the Presiding Bishop, elected at the 58th Annual Conference, heads its operations. The respondent's assertion that the claimant is wrongly enjoined therefore fails.

p. 5
03

Service of the transfer, show-cause and suspension letters

Holding

Service was proved; the respondent cannot deny having received the transfer letter

Reasoning

Rev. Salati's evidence that he ensured the respondent was served was not materially challenged. More decisively, in her Replying Affidavit to the application dated 19 October 2023, the respondent admitted being served with the letter of transfer, contesting only its timing relative to the Conference. She cannot resile from that admission. She also made no response to the notice to show cause or to her suspension.

p. 6
04

Validity of the transfer without consultation and alleged discrimination

Holding

The transfer was valid; the respondent's refusal without communication of her inability to move was gross insubordination

Reasoning

An employer has the prerogative to transfer employees, subject to reasonable notice. The respondent's oath of office committed her to work anywhere as allocated by the Presiding Bishop. Her assertion of prior blanket consultation was implausible. Though she raised pregnancy, school-going children and alleged gender/health discrimination in her affidavit, there was no communication of inability to the claimants and no effort since 1 August 2023 to take up the transfer.

p. 6

Legal principles established

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  • The categories of employment relationships under the Employment Act and Section 12(1) of the ELRC Act are not exhaustive; disputes connected with employment fall within the ELRC's jurisdiction
  • An employer has the prerogative to transfer its employees subject to reasonable notice

Court orders

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  1. 1.A permanent injunction issued against the respondent from referring or representing herself as the Circuit Minister for the Methodist Church in Kenya Delta Circuit, Singwaya Synod
  2. 2.A restraining order against the respondent from interfering in any way with the management and running of the church services of the Methodist Church in Kenya, Delta Circuit
  3. 3.A restraining order against the respondent, her servants, employees or any person working at her behest from preventing the new Superintendent Minister posted in the Delta Circuit from performing his duties, including denying him access to the ministers' office, withholding materials, office equipment or information
  4. 4.Each party to bear its costs
Jurisdiction invoked
Section 12 of the Employment and Labour Relations Act; Article 162(2) constitutional jurisdiction over employment and labour relations

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, "Methodist Church in Kenya Trustees Registered & another v Maso (Cause E005 of 2023) [2025] KEELRC 1096 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1096/eng@2025-04-03

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