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| ASKOFU ARTHUR KITONGA |
It is not a happy Easter for a bishop
after his court application to have a
church name deregistered was
thrown out.
Bishop Morris Mwarandu, head of the
Lord’s Gathering Centre on Outering
Road, an affiliate of the Redeemed
Gospel Church Inc, was seeking court
orders to compel the Registrar of
Companies to cancel the certificate of
Redeemed Gospel Church Inc.
Without permission
The bishop claimed some individuals,
now directors of Redeemed Gospel
Church Inc, without permission or
knowledge of the Redeemed Gospel
Church members, incorporated the
Redeemed Gospel Church Inc and
unlawfully appointed themselves as
its directors.
This, he said, was contrary to the
Societies Act, under which the Church
was initially established.
Through his lawyer, Bishop
Mwarandu argued that the use of the
word “Inc” connotes that the Church
was a profit-making concern.
High Court Judge David Majanja,
however, said that Bishop Mwarandu
had not shown that the church was
incorporated under the Companies
Act.
“The mere fact of the use of the word
‘Inc’ does not mean that the
company is so incorporated,” said the
judge.
He added that the bishop did not
provide a certificate of incorporation
issued under section 16 of the
Companies Act to prove that the
Church was incorporated as a
company.
“The word “Inc” is merely part of the
name of the Church. The Registrar
proved that the Church was and is
still registered as a society under the
Societies Act,” Mr Justice Majanja
said.
But the bishop was at liberty to
conduct a search at the Companies
registry to confirm whether the
Church is incorporated as a company.
Bishop Mwarandu was seeking
orders compelling the Registrar of
Companies, Registrar of Societies
and the Attorney General to make
available the Constitution and
particulars of Incorporation of
Redeemed Gospel Church Inc for
public scrutiny.
“I find and hold that Bishop
Mwarandu has not demonstrated that
he applied for perusal of the Church
constitutive documents, paid the
requisite fee and that the application
was rejected.
“In the circumstances, the orders he is
seeking cannot be granted,” the judge
concluded.
The court verdict is likely to restore
peace in the troubled church which
has been experiencing a prolonged
tussle between Bishop Mwarandu
and other officials.
No obligation
The founder of the church, Bishop
Arthur Kitonga had earlier said that
Bishop Mwarandu’s application
needed to be dismissed on the
grounds that a Society is an entity
one joins voluntarily and he had no
obligation to join Redeemed Gospel
Church Inc.
“If he joined it and it did not meet his
expectations, he has always been free
to leave it,” said Dr Kitonga in his
court papers, adding that freedom of
Association and Religion was
guaranteed by the Constitution.
Similar assertions were expanded by
the Rev Kepha Omae, presiding
bishop at Redeemed Gospel Church
Inc who also accused Bishop
Mwarandu of reacting only after his
services were terminated.
-Daily Nation-
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