- Three are accused of failing to by the money by August 10, 2017 as agreed in an MoU
- The trio already has a criminal case involving theft of Sh50.9 million from the church
The Presbyterian Church of Eastern Africa has filed a new suit against its former moderator David Gathanju and two others over church money.
Gathanju, Peter Kamuthu and James Muiruri allegedly failed to pay Sh9.6 million they owe the church.
They already have another criminal case at the Kiambu court where they are charged with stealing Sh50.9 million from the church.
A group known as the Registered Trustees of the PCEA Church has sued the trio for failing to pay back the money despite admitting they owe the church.
In the suit filed at Milimani Commercial Court in Nairobi, the trustees say the church and the three accused entered an MoU where they admitted owing the money.
“The three agreed to pay back the money amounting to Sh9.6 million in various installments ending August 10, 2017. They have however failed or refused to pay back the money under the terms of the MoU,” the plaintiff say in suit documents.
The trustees include current moderator Julius Mwamba, secretary general of the PCEA Peter Kania, deputy Alfred Kanga and church treasurer Amon Nderi.
The money was irregularly transferred from the church accounts managed by the trio as admitted in the MoU.
The trustees say despite their relentless efforts to recover the money through negotiations, the trio has refused to pay back even after promising to do so.
“Despite the notice of intention to sue and numerous demands given to the three, they have refused to pay the amount,” the trustees say.
An MoU filed in court dated June 4, 2017 states that through a series of meetings between the representatives of the church, Kania and Nderi held in Ruiru between May 28 to May 30,2017, it was agreed the debt be settled amicably.
The MoU states the three agreed they owe the church money and are willing and committed to pay according to the agreement.
The three were to settle the amount within two years from the date the MoU signed.
Gathanju, who severed as the PCEA moderator between 2009 and 2015, and his two co-accused are facing a criminal case at a Kiambu court where they have been charged with stealing Sh 50.9 million from the church.
They are charged that between January 2, 2016 and June 30, 2017 at PCEA headquarters in Nairobi's South C estate they stole Sh50.9 million from the church.
In a second count, they are accused of stealing Sh50.9 million that came into their possession by virtue of their employment.
They denied the charges and were release on a Sh3 million bond or a cash bail of Sh1 million. The hearing of the case will commence in July.