PNNE Files Injunction to Remove Dr. Karimi, Hearing set for Tuesday May 24

PNNE legal counsel, Attorney Roy S. McCandless emerges from the Superior Court in Woburn after filing a motion to bar defrocked Ushindi church pastor, Dr. Mumbui Karimi from forcefully interfering with the running of the church. pic by H.Maina, Ajabu Media

by Harrison Maina, Ajabu Africa News, posted May 20, 2011

WOBURN, Mass.,_An injunction to restrain the defrocked Kenyan Community Presbyterian Church pastor, Dr. Mumbui Karimi, from interfering with the running of the church was filed at the Woburn Superior Court on Wednesday last week and will be heard this Tuesday at 10.00 am with many Kenyans are expected to attend.

The hearing was postponed to allow Judge Walker to go over the details of the case from last appearance when a different judge determined that there was enough evidence to prove a legal link between the Presbytery and Ushindi church.

 This was after Dr. Karimi had filed a motion denying any relationship whatsoever and seeking an order to have all the accumulated church funds returned to the custody of the church after it was transferred to the presbytery account for safe keeping due to the leadership disputes going on at the church.
 
However, PNNE countered by tabling documents that revealed a direct, long standing and consistent relationship, declaring that Ushindi church funds were safe and that every penny of the funds would be returned to the fellowship once the current wrangles are resolved.

 Tuesday’s hearing is expected to focus sharply on issues regarding what   the PNNE called "interference with the running of the affairs of Ushindi Fellowship" by Dr. Karimi.

Being the  larger church body in charge of oversight at  all Presbyterian church USA affiliated churches  and fellowships in new England including the Lowell area, PNNE  has maintained that no Presbyterian church pastor needs to sign the lease of the church  as Dr. Karimi did when the previous 3 year lease expired.
  
  According to PNNE, any lease document should be signed by the clerk of the session and in no circumstances is a pastor allowed to sign it since the 'Book of Order' is explicit in that issue.

In the Presbyterian USA church, the Book of Order is a 400 year old book containing rules and regulations to be applied while governing the church with over 2.4 million members in the USA.

 The lease document issue has frustrated the Presbytery officials as they did not have any basis to file a restraining order against Dr. Karimi who is the legal principal agent listed on the lease.

 Dr. Karimi has in the past threatened PNNE officials with trespass charges if they happen to come into the church located on 452 Chelmsford st to address members on disputed issues without his authorization.

Also during previous meetings between the PNNE and Ushindi church members, PNNE has clearly said that the within the Presbyterian Church denomination, pastors are employees of the presbytery and therefore are subject to disciplinary proceedings as ordered by PNNE.

Dr. Mumbui Karimi

As such, PNNE has said that Dr. Karimi has defied the disciplinary measures taken against him after   the presbytery found him guilty of 3 counts of sexual abuse perpetrated on a young girl attending the Ushindi church when Dr. Karimi was the pastor in charge.

During the trial that took place in Bedford New Hampshire last fall, PNNE ordered Dr. Karimi to stay away from the church with no contact whatsoever with the members for a period of six months.

During this period, Dr. Karimi was ordered to attend a supervised sex education class in the hope of rehabilitating the man of God and bring him back to serving the ministry upon review of progress achieved.

 However, after two months of absence, Dr. Karimi returned to the church unannounced and with church with a bang.

  He immediately resumed mantle of pastoral duties and declared support for the new board of directors of the church that had been outlawed by PNNE for being ushered in through elections that never followed the set rules.

He also directed the old board of directors to hand over all books of accounts including church funds in the tune of $230,000.

 Sensing a big danger, the previous board of directed contacted PNNE as stipulated by rules of the church on the surprising developments.
 
Consequently, PNNE moved to defrock Dr. Karimi for defying the conditions set for his return and ordered church funds to be transferred to the presbytery’s account for safe keeping.
  
  Upon learning that PNNE and the old board of the church were not willing to go along with his demands, Dr. Karimi and the new board of Ushindi church moved to sue the PNNE, denying any relationship between the two and insisting that Ushindi church is a Massachusetts used corporation that can not be dictated upon by a New Hampshire based corporation on how to run it’s affairs.

   PNNE has its head quarters in Bedford, New Hampshire although its jurisdiction extends to various states of New England including Northern Massachusetts where Ushindi church is located.

    However, upon listening to arguments form both sides, a judge at the Superior court in Woburn  ruled against Dr. Karimi, declaring that there was enough evidence to link Ushindi church to the authority of PNNE a  the relevant church oversight body.

  The judge also ruled that the money held by PNNE can continue to he in their custody until the matters are resolved as everyone knew where the money was and so there was no danger of a danger of loosing the funds forever without a trace.

Attorney Roy S. McCandless, filed Injunction on behalf of PNNE

 Despite the court ruling, the crisis at the church has continued to inflame passions among different church members and has spilled into the larger Kenyan community.

 The saga, which started with rumors in 2008 of the sexual abuse charges by the pastor, has torn apart many families and friends in the close knit immigrant community.

 “Some people are no longer talking to their wives and some wives are not talking to their husbands due to this thing”, a close source told Ajabu Africa.

  Peace has also gone out of the or at the 200 member church, with several skirmishes cropping up in the middle of church service over the last couple of Sundays.

 Previous brothers and sisters in spirit have tuned on each other, resulting in bitter rivalries in church with some members accusing others of being less Godly.

Reliable sources say that law enforcement officials have responded on two occasions recently when trouble cropped out of the church but did not take any action since order has been resumed before they arrived.

  Outside in the wider community, Kenyans on each side of the matter have turned into bitter enemies with others bad mouthing those who do not agree with their position while others are avoiding participation in events where perceived ‘enemies’ are present.
 
   Also, several church elders have been blamed for trying to whip up member resentment with misleading and erroneous information when making announcements during church services.

When the initial ruling was ordered by a judge at the Woburn Superior court, close sources said that the church secretary was on record telling the congregation that there was not ruling from the hearing, to the disbelief of those who were present but who could not get a chance to use the microphone to put the matters straight.

As a result, may people have said that it is very important for all concerned church members to personally attend the court hearings where facts and truth is grilled out of both sides of the aisle.

 This way, many Kenyans contend the innuendo, misinformation and propaganda that have been going on the church and the community can be put to rest as many people will come to understand the truth and not rely on selective information provided by either side of the dispute.

   Court hearings are usually open to the public unless otherwise stated by the court and there are no conditions or restrictions that are applied.

The Tuesday hearing is expected to be historic as it will serve as a great learning tool for many in the Kenyans community who have lost money before when other churches collapsed under suspicious circumstances with no one attending subsequent court hearings to discern the truth.

  In the year 2,000, members of Saint Paul’s community church, the first and oldest Kenyan community church started by new Kenyan immigrants in Malden Mass., lost about $92,000 in accumulated funds set aside to purchase a church building when leadership disputes at the time led to a spilt of the church.

   Bitter with the endless fights, about 60 members of the church dispersed to other American churches while others joined new Kenyan churches that had started coming up, with several of them at the current Ushindi church.

 In the process, the entire funds were lost and only a tiny fraction was recovered by one pastor who single handedly struggled through the court system trying to salvage the funds.

"Kenyans need to take time-off from work and attend these court hearings to get the facts straight as the court deals with facts," said one Ushindi church member speaking to Ajabu Africa News from the courthouse in Woburn last Wednesday.

"This is the only way to avoid unnecessary arguments and hatred driven by ignorance and blind self- interest", added the devoted member who declined to be named due to the sensitive nature of the matter..

 The upcoming hearing is expected attract a big number of Kenyans especially as it is scheduled to take place at 10.00 am when most people are not working the popular second shift (3-11pm).

Dr. Karimi will be represented by his attorney, James S. Boumil who was present at the mentioning of the case last Wednesday.
 
It will take place in room 704 (7th floor) at the Middlesex Superior Court located at 200 Trade Center in Woburn Mass.

 The Trade Center is located off Exit 35 of Interstate 95 (I-95 North or South), right behind the Stop& Shop grocery store.

Supporters of defrocked Ushindi pastor, Dr. Mumbui Karimi emerge from the Woburn Superior Court long after those on the opposing side had left.

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