- Justice Hedwig Ong’undi declined to order the immediate and unconditional re-opening of the mosque saying the ball is in the court of the two groups to foster good working relationships and fellowship in order to maintain their religious worship.
The Al Taqwa Mosque in Njiru Estate, Kayole may remain closed if two warring factions fail to resolve their issues revolving around borehole water.
Justice Hedwig Ong’undi declined to order the immediate and unconditional re-opening of the mosque saying the ball is in the court of the two groups to foster good working relationships and fellowship in order to maintain their religious worship.
In the case, Mohammed Osman Omar who claimed to be the chairman of the Al-Taqwa Mosque committee filed the suit against one Ali Gulicha and the Supreme Council of Kenya Muslims, Office Commanding police division Kayole, Inspector General of Police and the Attorney General.
He claimed told the court that in October last year, a new group of persons namely Mohamednur Ali, Khadar Ibrahim Adow, Ahmed Mohamednur, Noordin Ibrahim Adow and others disrupted the co-existence of the various ethnicities in the mosque with an aim of taking over the mosque.
He noted that the new group sells water to the residents of Njiru Estate and the wider Kayole Area.
In this regard, he informed that due to the water shortage in Njiru estate, the mosque sought and received aid from organizations for the construction of a borehole at the mosque which was successful, and residents have enjoyed access to the same with no limitation.
During the hearing of the case he told the court that he is apprehensive that if the new group takes over the leadership of the mosque, free access to the borehole water at the mosque will cease.
It’s for this reason that the new group instigated conflict at the mosqueNovember last year, the Supreme Council of Kenya Muslims directed OCS Kayole to close the mosque due to management squabbles.
Osman claimed the same was done without hearing from the Committee, the worshippers and the residents who use the mosque.
The respondents rebutted saying the claim that the worshippers of the mosque were not consulted was false since prior to the closure of the mosque there were public meetings
Justice Ong’undi in dismissing the case said it's clear the issue was subjected to dispute resolution mechanisms.
Ali and the Council she said tried their best to resolve the conflict between the warring clans in the various meetings held by the members.
She noted that when the suit was filed in court, the resolution mechanism was still ongoing in an effort to resolve the issues.
“I find myself rejecting the petitioners’ assertion that they were not bound by the dispute resolution efforts carried out by the respondents. In this case, the petitioners cannot turn around and require this Court to address their grievance when they failed to abide by the dictates of the resolutions in which they too were parties,” said the Judge.
She explained that the petitioners failed to prove any violation of their rights by the closure of the mosque, which was done as a security measure.
“The two warring factions including the petitioners have a duty to foster good working relationships and fellowship in order to maintain their religious worship, their borehole and live in harmony to maintain safe security in Njiru Estate, Kayole Area in Nairobi City County,” said the Judge.
“The ball is in their Court, and the earlier they resolve the issue the better for all of them,” she added.