Seventy-five years after using the name Seventh-day Adventist Church, a section of the faithful faces an imminent danger of being blocked from using the name.
The General Conference Corporation of SDA filed a case which has been described by lawyers as one where the leadership has sued its flock.
The General Conference Corporation of SDA claims ownership of the name Seventh Day Adventist and wants the Nairobi Cosmopolitan Conference Limited barred from using it.
According to suit papers, the trademark SDA was registered together with the church logo at Kenya Industrial Properties Institute.
The Nairobi Cosmopolitan Conference Limited is a separate legal entity from the general conference and is run and operated by individuals who have no connexion with the religious and humanitarian mission of the latter.
The court was told the cosmopolitan conference has been receiving money in the form of tithes, offerings, donations and gifts, and the language used is intended for religious activities.
It is alleged that in violation of the law, the Nairobi cosmopolitan has invaded churches and taken over services without the authority of local leaders.
The general conference, which has a global following, says it has suffered and is at risk of continuing to suffer irreparable damage to its reputation and the general SDA Church at large runs risk of being exposed to confusion if the court does not intervene.
An affidavit sworn in support of the case by Pastor Samwel Makori explains how the cosmopolitan conference issued media statements that it was an independent entity within SDA World Church which he says is false.
He also noted that the use of the name conference by Nairobi cosmopolitan is intended to confuse the congregants that it is a legally recognised entity of the church.
The Nairobi cosmopolitan has yet to file its reply and has been given time to do so.
Judge Grace Nzioka implored the parties to consider amicable discussions to solve the matter given its unique religious rights issues. And to drive some sense into the parties, she reminded them that what they were tackling is not equal to some trademark involving things like food items or any profit-making business but issues of religion that go to the core of human heart.
Nzioka urged them to stop unnecessary arguments and instead try out ways of solving the matter quickly.
“It takes two to tango. If the leadership is going north and the flock is going south, it means they are not together. Leadership is supposed to lead and flock to follow. In the meantime, consider discussing the matter out of court with a view to settling it even as we give mention date and directions,” the judge said.
The case will be mentioned on October 8 for further directions.
Fact box
The General Conference of SDA was registered in Kenya on September 15, 1981.
It is a nonprofit religious organisation with headquarters in Silver Spring, Maryland, US.
It conducts its work through the East-Central Africa division.
The Nairobi Cosmopolitan Conference was registered on March 15, 2019.
The SDA church has a presence in more than 215 countries around the world.
(Edited by F'Orieny)
