Court Ruling Calms Tempers at Ushindi church

Rev. Dr. Karimi Mumbui, conducting a Sunday service on Sunday, June 30th, 4 days after a landmark court ruling that rejected attempts by the Presbytery of Northern New England (PNNE) to restrain the pastor from conducting church business at the church. The two organizations are locked in a legal battle with PNNE claiming legal authority to oversee affairs at Ushindi church as an affiliate of the larger Presbyterian Church USA (PCUSA) while Ushindi church denies such a relationship. Pic by H.Maina, Ajabu Media

By Harrison Maina, Ajabu Africa News, posted June 8, 2011

LOWELL, Mass.,_ The epic ruling at the Middlesex Superior court two weeks ago, denying an injunction motion by PNNE to restrain Rev. Dr. Mumbui Karimi from acting as the pastor of the Kenyan Community Presbyterian church (Ushindi) ushered an uneasy calm among members of the congregation on both sides of the dispute.

   During a church service last Sunday following the ruling by Judge Joseph walker III on Tuesday last week, a large group of members in support of the pastor cheered loudly when the church secretary, Stephen Kanyoni announced the outcome of the ruling while reading the regular church announcements.

    The secretary said that the ruling declaring Pastor Karimi as the bona-fide pastor of Ushindi Church was a big victory for the church and credited God for the long desired outcome.

  However, Kanyoni cautioned members not to overly celebrate the victory as more court battles lay ahead involving a huge chunk of church funds currently in the custody of the presbytery after another judge, in a separate motion, had previously ruled that PNNE can hold the money in their separate account until a time when the dispute between the two church bodies is resolved.

   The dispute occurred after PNNE permanently defrocked Dr. Karimi from serving as a pastor in the Presbyterian Church USA after finding him guilty of 3 counts of sexual abuse against a young girl who was a member of this church about 3 years ago.

 The church oversight body had previously temporality defrocked the pastor for a 6 month period hoping that he would comply with the conditions  they set  out  for him with the hope of rehabilitating  him and reinstating him back to active ministry at the Ushindi church which  the  PNNE insists is under their oversight jurisdiction.

However, a few months after the temporary defrocking, Dr. Karimi returned at the helm at the Ushindi church without the knowledge of PNNE.

  The move seemed to incense PNNE who moved swiftly and permanently defrocked the pastor, citing gross violation of rules and procedures.

 The presbytery also took custody of about $230,000 in church funds for safe keeping citing fears that the defrocked pastor and the disputed new Board of Directors of the church would take control of the funds.

Stephen Kanyoni, Secretary of the Ushindi church.Pic by H.Maina, Ajabu Media

As this was happening, Dr. Karimi wrote to renounce his membership with the PNNE and denied any legally binding relationship between the Ushindi church and the Presbytery of Northern New England.

 It was after this that Dr Karimi, together with the newly elected Board of Directors of the church moved to sue PNNE for the return of the church funds, claming that PNNE, as a New Hampshire based entity could not dictate terms or hold money belonging to the Ushindi church, a Massachusetts based corporation.

   PNNE countered the contention by Ushindi church arguing that the two have had a binding relationship dating back from 2005 when Dr. Karimi applied to be a member of the presbytery so that he could be employed as the pastor of the Ushindi fellowship.

PNNE also said that is has oversight jurisdiction over Ushindi church since it is the legally appointed body of the 2.4 million members PCUSA to oversee the running and governing of all affiliated churches in New Hampshire, Vermont, Maine and Northern Massachusetts which included the Lowell area.

 A judge at the Superior court in Woburn ruled to have the church funds frozen in place with the PNNE and it not to be spent for any reason without the express authority of both attorneys representing Dr. Karimi and the PNNE.

 She also ruled that all new church collections be monitored and mutually agreeable church expenses paid by mutually appointed teams from both sides of the dispute, a move that left the pastor still with no compensation and with no funds to allocate toward his legal defense.
 
The case is still pending at the Woburn Superior Court.

Therefore the ruling to deny PNNE the motion to restrain Dr. Karimi from the Ushindi church seemed to turn the tables on PNNE and boosted the morale of Dr. Karimi and his supporters who now seem to enjoy the momentum.

 “I am happy with the ruling of the judge and hopeful that we will win the next round”, said Attorney James S. Boumil (website) representing Dr. Karimi while talking to Ajabu Media after the landmark ruling.

  The attorney cautioned those who have been spreading rumors and unsubstantiated statements about Dr. Karimi that he may move to subpoena them in a court of law under oath to so that they may clarify their statements.

 “After such a ruling takes place, typically subpoenas would follow. A lot of people have been spreading mischaracterizations of Dr. Karimi and therefore i intend to bring these people under oath so thay can whether what they said was indeed true or not”, said attorney Boumil in no uncertain terms.

Attorney James S. Boumil, counsel representing Dr. Mumbui Karimi .Pic courtesy of Boumil-Law.com

  He denied reports of any knowledge of Dr. Karimi facing a criminal probe by the authorities regarding the sexual abuse allegations that were the source of the entire bizarre spectacle unfolding at the Ushindi church, as reported by Ajabu media, following a meeting between PNNE and ushindi church members that took place at the Eliot Presbyterian Church in Lowell several months ago.

 Several calls made by Ajabu Media to the Lowell Police Department to establish if the reported probe was taking place were unsuccessful as the officers in the related department declined any comment.

  During the meeting at the Eliot church, PNNE officials clarified that as far as they were concerned, they could not take any further action against Dr. Karimi regarding the sexual abuse allegations other than defrocking him, citing lack of jurisdiction under the church law since he was no longer recognized as a pastor under the Presbytery.

 The PNNE officials directed Kenyans who they said were calling the presbytery with claims of sexual abuse, to direct their calls to the Lowell Police Department, which, according to PNNE was investigating the “widespread” allegations on a criminal basis.

During the restraning order hearing last week, Dr. Mumbui’s attorney decried the media reports that seemed to always revert to the sexual abuse saga whenever the two sides met in court.
 
  “As far as I understand, there was no sexual abuse involved here. The lady involved was not a minor. There was no altar boy involved and the kiss that has been talked about was not abusive”, charged attorney Boumil while addressing the judge.

“The pastor just told the girl that she would look more beautiful  if she lost some extra  weight  and the kiss was meant to be a compliment” he added while accusing  PNNE for bringing their press person to the hearing.

“They have their press person here, so that all you will see next in the news are sexual allegations”, charged the attorney.

Ajabu Media, the only better organized and relatively experienced media organization serving the African community in the region has been independently covering the proceedings since the 14 hour marathon trial by the PJC against Dr. Karimi took place in Bedford New Hampshire late last year.

 The trial was open to media, just like many other public trials that take place in many civil and church based courtrooms across the country.

 While listening to the arguments from both attorneys last week, Judge Walker wondered why Pastor Karimi attended the PNNE trial if indeed there was no legally binding relationship by the two.

 “Why did he submit to the trial if there was no jurisdiction by the PNNE?” the judge inquired from Attorney Boumil.

 In response, Attorney Boumil said that “Mumbui did not have counsel. I think he had no clue of what was going on and he was not prepared”.

 Responding to the court ruling, the PNNE attorney, Roy S. Macandless said that the presbytery was studying their next options and was considering filing a motion to reconsider or appeal the ruling.

Attorney Roy S. Macandless, the lead counsel representing PNNE. Pic by H.Maina, Ajabu Media

 In the mean time, order seemed to return to the church last Sunday in a service conducted seamlessly by Pastor Karimi who delivered on a message based on the story of Jonah.

There were no  incidents of dissent or disruptions as had happened in the previous services  with the members opposing Pastor  Karimi keeping to their vow of  respecting the ruling of the judge, in an effort to end the saga that has worn down on many within and without the church.

Pastor Karimi’s supporters however were clearly enjoying the rare win which seems to have turned over the tables on PNNE at the moment.

 “We are very pleased with this ruling that says that our pastor will not go anywhere. We have to enjoy it for now “, said a Mumbui supporter who preferred to remain anonymous to avoid inflaming passions any further.

  In the blogosphere, revitalized Mumbui supporters came out stronger then before and turned the tables on the opposition as well, calling on them to forget the fight and join them to bring back revival in the 200 member Kenyan church in Boston.

 Many in the opposing side decided to take a position of reconciliation as they way forward, waiting to see the outcome of future court proceedings.

 “We always said we will abide by any ruling by the courts, now and in future. All we are interested in is for  the truth to come out in this matter in one way or the other so that our church can find healing”, said Joyce Gathoni,  the Secretary to the  Board of Directors of the church who  together with Wilson Wachira, the former Finance Chairman were part of the injunction proceeding last week.

Supporters of Dr. Karimi burst into the popular praise song "Tukutendeleza" (we highly praise you) after Stephen Kanyoni, the secretary of Ushindi church, announced the court ruling that struck down an injunction by PNNE to restrain the pastor from conducting church business .Pic by H.Maina, Ajabu Media

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