REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT LODWAR

CIVIL SUIT NO. E030 OF 2023
MOHAMOUD MOHAMED ……………………………………..….....…..DEFENDANT/APPLICANT
VERSUS
SIMON EMONI (Suing as the Administrator of the
Estate of the late IRENE EKAI EMONI
……………………………………PLAINTIFF/RESPONDENT

NOTICE OF MOTION
(Under Section 1,1A3, 3A of Civil Procedure Act, Order 1 Rule 1 and 8 Civil Procedure
Rules 2010 and all other enabling provisions of the Law).
TAKE NOTICE that the Honourable Court shall be moved on the……………day of…………
2023 at 9:00 O’clock in the fore noon or so soon thereafter when Counsel for the
Defendant/Applicant shall move court for ORDERS THAT: -

(a) The instant application be certified urgent and service thereof be dispensed in the first
instance.
(b) The honourable court be pleased to join DAVID EKITELA ETIRAE into this matter as
a third party.
(c) That cost of this application be awarded to the Applicant.

WHICH APPLICATION is based on the following grounds: -

1. The Defendant/Applicant is the owner of Faluja Hardware in which one of his lorry KCH
632B.
2. The Applicant hosts its national headquarters at Nyang’ori in Vihiga County and
thousands of branches Country wide.
3. That the Magongo PAG Church in Mombasa District is one of its branches.
4. That all the branches of the applicant’s mission derive their legitimacy and recognition
from the mother church vide its registration.
5. All the assets, movable, immovable as well as liquid belongs to PENTECOSTAL
ASSEMBLIES OF GOD- KENYA (PAG-K) thus no one assembly can claim ownership
of any asset or congregation.
6. The applicant is governed by its constitution that defines the conduct of its affairs.
7. All the pastors are trained and deployed by the applicant.
 8. The pastor’s term of service is prescribed by the constitution and regulated by a
committee established by the PAG Constitution.
9. Deployment, posting, transfer and retiring of a pastor is a preserve of the Posting and
Credentials Committee.
10. That the Plaintiffs are retired officials of the Magongo PAG Assembly who are legally
servants and not the owners of the said church assembly.

WHICH APPLICATION is further supported by the annexed affidavit of PATRICK

LIHANDA and on other further grounds to be adduced at the Hearing hereof.

DATED at KITALE this…………………….. Day of……………………………..……2023

……………………………………….…………….
M/S KARANIGREY & COMPANY
ADVOCATES FOR THE DEFENDANT/APPLICANT

DRAWN AND FILED BY:

M/s Karanigrey & Company Advocates,
Park View Towers, Opp. Kitale Law Courts,
2nd Floor Room 12 &13,
P.O BOX 2553-30200,
KITALE.
EMAIL: karanigrey@gmail.com

TO BE SERVED UPON:-
M.K Asige, Keverenge & Anyanzwa Company Advocates,
Wakiande House, 1st Floor,
P.O Box 76870-80100-80100
MOMBASA.

“NOTE: If any party served does not appear at the time and place above mention
such orders will be made and proceedings taken as the court may deem just
and expedient”.
 REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE’S COURT AT LODWAR
CIVIL SUIT NO. E030 OF 2023
MOHAMOUD MOHAMED ……………………………………..….....…..DEFENDANT/APPLICANT
VERSUS
SIMON EMONI (Suing as the Administrator of the
Estate of the late IRENE EKAI EMONI
……………………………………PLAINTIFF/RESPONDENT

SUPPORTING AFFIDAVIT

I PATRICK LIHANDA of P.O BOX 671-40100 KISUMU within the Republic of Kenya do
hereby make oath and state as follows: -

1. THAT I am a male adult individual of sound mind, hence competent to swear this
affidavit.
2. THAT I am one of the Trustees of the PENTECOSTAL ASSEMBLIES OF GOD-
KENYA (PAG-K) duly authorised by my co-interested party/Applicants to swear this
affidavit.
3. THAT The Applicant is a religious entity duly registered as PENTECOSTAL
ASSEMBLIES OF GOD- KENYA (PAG-K) under the Societies Act. (Refer to copy of
certificate of registration marked as PL1).
4. THAT PENTECOSTAL ASSEMBLIES OF GOD- KENYA (PAG-K) is governed by a
constitution which defines the conduct of its affairs. (Refer to copy of PAG-K
Constitution marked as PL2).
5. THAT The Applicant hosts its national headquarters at Nyang’ori in Vihiga County and
thousands of branches country wide.
6. THAT That the Magongo PAG Church in Mombasa District is one of PENTECOSTAL
ASSEMBLIES OF GOD- KENYA branches.
7. THAT That all the branches of the applicant’s mission derive their legitimacy and
recognition from the mother church vide its registration.
8. THAT All the assets, movable, immovable aswell as liquid belongs to PENTECOSTAL
ASSEMBLIES OF GOD- KENYA (PAG-K) thus no one assembly can claim autonomy,
ownership of any asset or congregation.
9. THAT All the pastors and overseers are trained and deployed by the applicant.
 10. THAT The pastor’s term of service is prescribed by the constitution and regulated by a
committee established by the PAG Constitution.
11. THAT it is the dictate of the PAG constitution that all assets: movable and or immovable
acquired by any of its assembly shall remain to be property of PAG-K.
12. THAT Deployment, posting, transfer and retiring of a pastor is a preserve of the Posting
and Credentials Committee.
13. THAT the Plaintiffs are retired officials of the Magongo PAG Assembly who are legally
servants and not the owners of the said church assembly. (Refer to copy of letter of
retirement marked as PL3).
14. THAT the 1st plaintiff/respondent was previously trained, posted and transferred by the
executive arm of the PAG-K hence he is estopped from complying with the directive to
retire.
15. THAT Magongo PAG Assembly has for time since immemorial been tithing to the
PENTECOSTAL ASSEMBLIES OF GOD- KENYA through its Headquaters in
Nyangori a fact that is well within the plaintiffs’ knowledge. (Refer to copy of the
returns marked as PL4a-e).
16. THAT the said PENTECOSTAL ASSEMBLIES OF GOD- KENYA (PAG-K) being the
church at the centre is a necessary party and ought to be involved in these proceedings.
17. THAT the instant suit is presented by a person who in his own admission was a Pastor
of the PENTECOSTAL ASSEMBLIES OF GOD- KENYA (PAG-K)
18. THAT it is fair and just that PENTECOSTAL ASSEMBLIES OF GOD- KENYA be
joined in the matter as a co-defendant to participate and present its case.
19. THAT the interest of the PAG- KENYA is similar to that presented by the Defendants.
20. THAT the Applicant shall not suffer any prejudice should the PAG- KENYA be brought
into these proceedings.
21. THAT jointer herein shall assist the court reach a just and fair verdict in the matter.
22. THAT what is deponed to hereinabove is true to the best of my information, knowledge
and belief.
SWORN at KITALE this………………………… day of………………………….….2022.

BY THE SAID: -

PATRICK LIHANDA ) …………………………

BEFORE ME ) DEPONENT
)
COMMISIONER FOR OATHS )

DRAWN AND FILED BY:

M/s Karanigrey & Company Advocates,
Park View Towers, Opp. Kitale Law Courts,
2nd Floor Room 12 &13,
P.O BOX 2553-30200,
KITALE.
EMAIL: karanigrey@gmail.com