Court declines to award Sh20 million to pastor dismissed over polygamy

The High Court in Nakuru has dismissed a Sh20 million claim by a senior Seventh Day Adventist (SDA) pastor defrocked for practising polygamy. 

In defending its decision to kick out pastor Samuel Ngugi of SDA Nakuru, church leadership told Justice James Rika that SDA church stands for monogamy and God.

On August 28, 2023 the cleric was dismissed for allegedly committing sexual immorality by having another woman with a child apart from his lawful wife.

According to Ngugi, he was not aware that his lawful wife Cecily, gave evidence against him and yet she was not a complainant.

The pastor who was 55 years old then was also accused of embezzlement of funds, an allegation that was never proved by the church in court.

Ngugi was employed by SDA Church East Kenya Union Conference on January 1, 2001 as a global mission pioneer and later promoted to district pastor in 2008, earning a salary of Sh126,086 per month.

He was suspended on August 24, 2023 for three months on full pay following claims that he was involved in embezzlement of funds and sexual immorality.

Despite responding to two show cause letters of April 13, 2023 and May 2, 2023, the pastor was dismissed by SDA church Central Rift Valley Conference Trustees Executive Committee.

Subsequently, a mediation appeal between Ngugi and SDA Church East Kenya Union Conference never bore fruits and was never called back for re-employment despite willing to return to his pastoral work.

Aggrieved, Ngugi filed a suit through the Kenya Union of Domestic, Hotels, Educational Institutions and Hospital Worker (KUDHEIHA) where he had joined as a member in 2022.

In the suit, Ngugi asked reinstatement without loss of benefits.

He also asked for salary payment up to the date of retirement set at 13 years amounting to Sh18,889,517, a 12 months’ salary in compensation for unfair termination amounting to Sh1,463,039 and one month salary in lieu of notice at Sh121,086.

Ngugi said part of the Sh20 million compensation would be utilised on offsetting a loan he had at the time of termination.

However, Justice James Rika dismissed the entire suit after the pastor failed to prove he was indeed a member of KUDHEIHA union that was representing him.

“The claimant (KUDHEIHA) has not shown that the grievant (Ngugi) is its member. The grievant has not shown through his evidence, that the claimant is his trade union. There is no associational link, between the claimant and the grievant, upon which the claimant can validly represent the grievant in court,” said Justice Rika.

The judge said that having established Ngugi was not a member of a trade union, it would be needless to look into the other issues concerning procedure and justification on termination.

Justice Rika noted that Ngugi failed to exhaust the existing internal dispute resolution channels before approaching the court.

In its defense, the church maintained that the pastor was fairly and lawfully dismissed after he was found to have been cohabiting with another woman who was not his wife, and having a child with her.

SDA Central Rift Conference Executive Secretary Phillip Isika told the court that Ngugi main charge and review was mainly on sexual immorality.

Isika said SDA church stands for monogamy and that God created Eve, not Eves.

The Secretary said Ngugi was accorded several opportunities including disciplinary hearing, appellate proceedings and review proceedings.

Isika said the church called Ngugi’s lawful wife Cecily on review but Ngugi did not attend the review meeting.

The church claimed that Ngugi declined to attend a review of his appeal before the church Central Committee and instead issued unreasonable demands upon the church while the review process was on and opted to head to court.

The church said the termination was carried out, in accordance with the law and the SDA church procedures and policies.

“The grievant was invited for review of his case on February 24, 2024. He was to attend review on June 13, 2024. He did not attend. His lawful wife was available to give evidence concerning the grievant’s sexual immorality. The greivant baulked,” said Isika.

However, Ngugi told the court that pastors are not barred from joining trade unions and the church did not question his membership with the union when the suit was instituted against them.

The pastor said that at 55 years when he was terminated, he still had 10 years to serve before retiring at 65 years.

He also said the allegations of embezzlement and sexual immorality were not established.