Gilbert Deya Ministry Pastor in stand-off with residents over exhumation of a dead body in Rachuonyo

 by Joseph Ochieng

A Mombasa-based pastor, associated with the discredited Gilbert Deya Ministry of London is embroiled in a stand-off with residents of Kabondo Division over exhumation of a body, which he claims was buried in his land.

Rev. Dr. Elisha Juma Awuor ministers at the Multimillion Kenya Assembly of God Church (KAG) Tudor, Mombasa. He has been visible on posters in Mombasa, organizing crusades alone, and sometimes with visiting church Ministers. He also wears a second hart by coordinating Arch Bishop Gilbert Deya’s activities in Kenya and overseas.

The body of Mzee Salmon Onyango Shem, aged 85 was buried by the community in his land parcel LR No. Kabondo/Kodumo East 294 on 13th May 2006, within his homestead, according to our source from a panel of elders. But the Bishop disputing this, went ahead and sought an order of exhumation, which he obtained ex-perte on 17th May 2006.

In this unprecedented case which will certainly put the administration of justice at Kisii Law Court in question and disrepute, the Hon. Presiding Magistrate has dismissed several applications by the defendants to review his orders. The Lawyers for the defendants have raised sufficient evidence to query the legality of the exhumation order that the Bishop uses to harass the family of the deceased. The Bishop uses the order to blackmail the poor family to surrender LR NO. Kabondo/Kodumo East/294 to him as a condition for dropping the exhumation threat.

Investigation carried out reveals that the Rev. Dr. Elisha Juma Awuor, jetted out of the country on an international flight at Moi International Airport Mombasa for overseas travel on 24th April 2006 on flight number KQ 615 19:44 hrs. He returned back through Jomo Kenyatta International Airport, Nairobi on the 23rd May 2006, aboard KLM flight number 565, one week after the affidavit was signed before a commissioner for oaths at Kisii.

It is confirmed that he visited one African Country where an international baby-snatching racket of Gilbert Deya’s Ministry is under investigations. The big question is how the Bishop could personally appear and swear an affidavit before a commissioner of oath at Kisii, on 17th May 2006, the same day that he is out of the country? The signed affidavits were used as ground to obtain ex-parte orders for exhumation.

Further to this, many questions arise as to how the Hon. Magistrate gave a judgement on 20th April 2006, followed by a decree on 3rd May 2006, which contradict each other.

Could other factors have motivated the magistrate to contradict himself deliberately and aid the Bishop (plaintiff) to disinherit Mr. John Onyango Abuso and his mother Hellen Achieng Onyango (1st and second defendants respectively) of their only piece of land? Why has the magistrate dismissed all subsequent applications by defendants even after glaring disparities are observed in his judgment and the subsequent decree? Was it fair to grant the plaintiff (Bishop) a permanent injunction by way of decree yet he had not solved the ownership of the land, which is the gist of the matter?

Why, for God sake did the trial Magistrate overlook the Public Health Act, which gives specific conditions regarding orders to exhume, as brought to his attention by advocates for defendants?

Again why has the Magistrate declined to order for status quo to be maintained in the face of growing hostility and resistance to execute his order, when television and FM radio stations report skirmishes between villagers and the police?

The land boundary dispute began when Bishop Elisha Juma Awuor (Plaintiff) filed a suit at Kisii High Court against Salmon Onyango Shem in 1994. Prior to this, the Bishop had illegally destroyed the existing boundary between his land LR No.Kabondo/Kodumo East /293 and that of the defendant, LR No. Kabondo/Kodumo East/294, claiming the upper 294 sections is his, yet the registry maps clearly indicate the opposite.

Despite please for expeditious settlement, Bishop Juma deliberately dragged his feet over the court for a record 12 years in good knowledge that the defendant, Mzee Salmon Onyango Shem was ageing and his health deteriorating. Like a vulture waiting for its prey to drop dead, he was quick to obtain an order restraining the relatives of the defendants from burying the deceased on plot No. Kabondo/Kodumo East/294. The order was obtained on 31st January 2006, the same day the defendant died at a Kisumu Hospital.

Armed with fresh orders he moved to the lower courts, despite the fact that there was a pending suit in the High court HCCC No. 598 of 1994. The presiding Magistrate Hon. Aurthur Andanje Ingutia started hearing evidence until suspicion arose over the manner he was handling the case, forcing him to disqualify himself from the case. .

In came Hon. PM SMS Soita, who heard the case on priority basis, culminating in his judgement delivered on 20th April 2006. But like his friend lngutia, this judgement stoked suspicion and controversy since it contradicted the Decree extracted by the Plaintiffs advocate. To make matters worse, the judgement disregarded crucial evidence submitted by the District Land Surveyor who, with the aid of registry maps 2nd/3rd editions indicated that LR No. Kabondo/Kodumo East/293 and LR No. Kabondo/Kodumo East/294 exist as two separate registered parcels, each with absolute title of ownership (first registration) and share a boundary.

Weekly citizen have also obtained a letter Ref. No. ACS/109/1/31 dated 15/9/03 written by the Director of Surveyor, Nairobi which indicate clearly that the two parcels indeed share a boundary. The approximate area for parcel LR No. Kabondo/Kodumo East/293 is 4.8 Ha (Approximately 12 acres). For parcel LR No. Kabondo/Kodumo East/294 is 4.8 Ha. (Approximately12 acres). Now the Bishop alleges that his land is 4.8 Hectors but translates this to 18.1 acres and not 12 acres. This way he wants to grab LR No. Kabondo/Kodumo East/294 upper section to be his own.

What did Magistrate Hon. PM SMS Soita stand to gain by generously awarding the Bishop (Plaintiff) prayers that he never sought in his Re-amended plaint of 21st March 2006? Was this not under hand dealings which was to ensure that the burial of the deceased was delayed unreasonably and continued punishing the affected family?

The decree in our possession extracted by advocate for the applicant on 3rd May 2006, injucted burial on LR No. Kabondo/Kodumo East/293 BUT NOT LR No. Kabondo/Kodumo East/294. Meaning that the defendants did not disobey court by burying the deceased on his piece of land. The order of exhumation given by the Hon. Magistrate is therefore suspect. This kind of generosity on the part of the magistrate clearly shows that the kind of judgement read was motivated by other factors.

It is due to this kind of miscarriage of justice that the Hon. Chief Justice Evans Gicheru is called upon to intervene in this matter CMC No. 57 of 2006 with a view to putting matters straight in the interest of justice and peace. We are also calling upon the Law Society of Kenya, Kituo Cha Sheria, Fida, Centre for Governance and Development and The Kenya National Human Rights Commission to take up the matter with the relevant authority to ensure that justice is delivered.

At the same time the Kenya Anti-corruption Commission has been urged to launch intensive investigations and unearth the rampant allegations of corruption currently prevailing in this station.

Victims we spoke to under conditions of anonymity enumerate how corruption has permeated the station. Bribery is solicited openly both at the registry and in courts to influence judgements and awards. Court clerks are particularly used as conduits through which bribes and other forms of incentives are passed over to senior judicial officers.

Cases presided over by one Senior Magistrate are relatively easier to fix if one seeks intervention through his wife who works in the same station as a copy typist. The other fix it-quick clerk is a middle-aged man, black in complexion, with spectacles and works at the lower court registry and Mr. Obisa of the High Court. This clerk at the Lower Court registry has played the biggest part to the benefit of the Plaintiff in this case.

A Kisumu-based Advocate gave a heart-rending incident of how a notorious Magistrate ruled over an insurance claim case involving over Kshs. 300,000/= and the cash disappeared from the account. The case file disappeared for over one year until he wrote a strong letter of protest to the Chief Justice that it re-appeared again. This is the sorry state of affairs at the Kisii courts, which call for a complete surgery to instill discipline and professionalism, and save the station from collapsing under the weight of corruption.

Back to the exhumation issue, our sources say the clan supported by the Kipsigis and Kisii neighbours have sworn to resist any attempts to exhume the body. On an issue that brings the traditions of the Kisii, Kipsigis and the Luo together, residents of Kabondo, Nyamira and Sondu have vowed to evict the pastor together with members of his family if he goes ahead to exhume the body of Salmon Onyango Shem, which was buried on his land as per Luo Customary Law to which he subscribed.

Addressing charged mourners during the burial of Mzee Nyambori Ojwang at Atela Location, the chairman of elders, denounced the ‘Bishop’ as one with activities that don’t conform with the teachings of the Bible. He further wondered how a “man of God” would indulge in such anti-customary activities and how he expects his church followers to trust his.

The Area councilor, Mr. Odida, called for peace to prevail and pleaded with the ‘Bishop’ to withdraw the exhumation order, for peace among locals and the Bishop to prevail. He reminded the mourners that true peace is sought through consultation and good neighbourliness but not by the use of police or force.

Other speakers at the funeral reminded the “Bishop” that the arrogance and pride he exudes against the locals, among whom he has settled, may not augur well for peace and his survival in the area.

The two senior officers from Kosele, who are very close to the “Bishop” have occasionally been used to frustrate relatives of the deceased, particularly those who gave evidence in court against the Bishop.

At the home of the Deceased, Hundreds of armed youth gather everyday in anticipation to resist any attempts to exhume the body. The elders /villagers say they are now left on their own to fight and seek justice after the widow was locked out from Justice by Kisii courts.

The elders are now pleading with the Government to save the situation.

Joseph Ochieng'
Reporter-Kenya Times
P.O.Box 40675
Mobile-0721-632525
E-mail joseph.ochieng AT yaHoo doT cOm
Website.www.timesnews.co.ke
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