Embattled bishop-elect of the Mombasa Anglican Church of Kenya (ACK) diocese Alphonce Mwaro Baya will know the fate of his consecration ceremony on January 5, 2018.
Mombasa Senior magistrate Martin Rabera will give his ruling on an application to stop Mwaro’s consecration which is scheduled for January 7, 2018.
A section of the clergy in the diocese led by Mombasa Memorial Cathedral administrative secretary George Gona Kuza are challenging the controversial election of Mwaro to succeed outgoing bishop Julius Kalu who has attained the mandatory retirement age.
Their advocate Wandai Matheka refuted claims they failed to exhaust the diocese machinery before moving to court.
Matheka told the court the aggrieved parties were forced to move to court after their grievances were ignored.
He told the court they had exhausted all dioceses machinery to solve the issue, including the formation of the diocese synod of 14 members, but they were ignored.
The lawyer through an oral submission argued the formation of the synod was the bone of contention alleging that it influenced the election in favour of the bishop-elect.
Through an amended application Matheka argued that his clients had protestedthe formation of the synod before selecting of an electoral college to outgoing bishop Kalu but he ignored them.
He told the court the electoral college is the election body comprising of 24 members including seven from Nairobi whose mandate is to elect a bishop after being short listed by a search committee.
“A candidate must garner 15 plus one votes from the electoral college to be declared bishop-elect,” he pointed out.
The bishop elect, who is the younger brother of the Kilifi North lawmaker Owen Baya, said through his advocate Titus Mugambi that the court lacks jurisdiction to hear the application arguing that the matter was handled in accordance with the ACK constitution.
Counsel for the outgoing bishop, Masinde, said they were not part and parcel of the process to elect his successor arguing that the outcome of the ruling will not affect his retirement.