Ushindi Pastor Denies Relationship with PNNE, Threatens Legal Action by Harrison Maina, Ajabu Africa News, posted FEB 26, 2011
The embattled pastor of Ushindi church in Lowell together with the newly elected board have denied having been under the oversight of the Presbytery of Northern New England (PNNE), and therefore PNNE has no right whatsoever to make determinations of who is and who is not an officer the church or have any control in the affairs of the church.
In a statement faxed to Ajabu Africa News, attorney James Boumil, representing Dr. Anthony Mumbui Karimi and the newly elected board of Ushindi church said that
“Ushindi church is a separate corporation established under the laws of the Commonwealth of Massachusetts. It is governed in its corporate affairs in this state by it’s duly elected board of directors and officers, NOT by any officer of the Presbytery of Northern New England (PNNE)”.
The attroney added that such laws governing a Massachusetts Corporation and it’s activities are those of Massachusetts and therefore no corporate entity from New Hampshire has any legal jurisdiction whatsoever in this state to control the affairs of Ushindi.
“Any interference by PNNE in the corporate structure or financial affairs of Ushindi will result in appropriate legal action being taken against the parties causing such interference,” he added.
However, Dr.Karimi and the new board of Ushindi church said that if PNNE desired to speak to the Ushindi congregation, or any part of the congregation, they are welcome to do so under the 1st Amendment since everyone has a right of free speech or and can freely use their logic and powers of persuasion to convince others to follow their lead.
“That is not in dispute and rational dialogue is always welcomed”, they said in the statement.
They argued that the attempt by PNNE to issue opinions about the powers and duties of Massachusetts corporations is not appropriate at all.
“Not only would such be unlicensed practice of law, it would also appear to violate the Book of Order, which clearly refers to local state laws as governing the establishment of local churches."
Dr. Karimi Mumbui
Dr. Karimi and the board added that any declarations by the PNNE that are not true are not welcomed and may result in the necessity of seeking legal redress in the courts of the Commonwealth.
However they said that they would prefer to settle any differences between them and the PNNE that may exist through dialogue without causing undue expenses and hard feelings to all parties involved.
“We would much prefer to settle matters without unnecessary expense and acrimony”.
According to information from the PNNE, the Presbytery of Northern New England (PNNE), is a governing body of the Presbyterian Church USA (PCUSA), that oversees it’s affairs in the states on New Hampshire, Maine, Vermont and North Eastern Massachusetts .
PNNE contends that Ushindi church was enrolled as an official PNNE fellowship in 2005 and Dr. Karimi Mumbui was granted membership in PNNE so that he could be the pastor of that fellowship.
Therefore, according to PNNE, it has a responsibility to oversee the affairs of Ushindi church as an oversight body.
“The Ushindi fellowship has actively been a part of the PNNE since that time. Documents substantiating these facts are on file with the PNNE. There should be no doubt that Dr. Mumbui and the Ushindi fellowship willingly came under the authority and discipline of the PNNE", said Rev. Stephen Quinlan, an official of PNNE in an open letter inviting Ushindi church members and their friends to a meeting to take place tomorrow to discuss issues that have caused friction between the two parties.
."For our part, PNNE made a solemn commitment to look to the spiritual well-being the people of the Ushindi fellowship”, he added.
The friction started after Dr. Karimi’s recent return to the church against orders issued by the PNNE after he was found guilty of 3 counts of sexual abuse and sexual malfeasance which resulted in his temporally exclusion from ministry office.
However, according to PNNE, Dr. Mumbui denied the charges and exercised his right of appeal to a higher church court at the Synod of the Northeast (PCUSA).
The developments occurred at a time when the church was holding elections for a new church board. PNNE argues that the elections conducted did not follow the rules set out and therefore did not recognize them, ordering the previous board to hold the books of accounts for the church until such a time that new elections can be held that will follow the rules.
PNNE officials, Rev. Stephen Quinlan, who was the lead prosecutor during the sex abuse trial against Dr. Karimi held last fall in Bedford, NH, and Elder Darnall Burks, a member of the PNNE Committee on Ministry were asked to leave the Ushindi church compound two weeks ago after they attempted to serve the new board with orders challenging Dr. Karimi’s return to the church and the validity of the recent church elections.
Consequently, since the officials felt that PNNE did not get a chance to communicate their side of the issue, they have called for a meeting tomorrow, inviting Ushindi church members and their friends with the intention of providing dialogue to try to resolve the serious conflict in the congregation.
The Sunday meeting will take place at the Eliot Presbyterian Church at 273 Summer Street, Lowell on Sunday, February 27, 2011 at 2:30PM.
According to Rev. Quinlan, “Top officials of the Presbytery will be present to explain fully and accurately the situation and answer questions. “All members and friends of the Kenyan Community Presbyterian Church (Ushindi) are invited to attend”
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