A homosexuality case pitting three Anglican
Church clerics against Bishop Joseph Kagunda of Mt Kenya West diocese
took a new twist Wednesday after a court refused to adopt an
out-of-court agreement filed by a mediator.
Justice
Abigail Mshila said the agreement drafted by Mr Joakim Mulama Oundo of
the court-annexed mediation program could not be legally binding because
it was undated and was not signed by the bishop or the church trustees.
The judge further pointed out that two people
unknown to the court had signed the document on behalf of Bishop Kagunda
and the Church. The two people are Venerable Canon Gerald Muriithi and
Venerable Samuel Waweru, according to the document.
“For
the mediation agreement to be binding the two respondents, Bishop
Kagunda and the registered trustees of the Anglican Church of Kenya,
must sign in person. The court does not know the two people and the
mediation agreement is also not dated,” said Justice Mshila.
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