A legal dispute between two churches in Kenya has reached the courts, with each side claiming the right to use the name "Gospel of God Church" and ownership of assets accumulated over several decades. The conflict involves Gospel of God Church, initially registered in 1968 as African Gospel Church, and Gospel of God Church International, previously known as Glorious Gospel of God Church, registered in 2004.
The dispute centers on conflicting registration records, which have led to a longstanding controversy over identity and property rights. The issue began with a 1968 registration that was canceled in 1985, followed by a new registration in 2004 and a return to the original name in 2009. Each church claims legitimacy and ownership of assets, including land, buildings, and vehicles acquired over the years.
The case has been heard in various courts, including the Registrar of Organizations, land courts, and the High Court. Recently, Judge Roseline Aburili dismissed a constitutional petition filed by Gospel of God Church International, without determining which side has the rightful claim to the name and disputed assets. The court ruled that the petitioners had bypassed the required legal procedures for appealing the Registrar's decisions.
According to the court's findings, the petitioners failed to follow the proper procedure for appealing the Registrar's decisions, which were made in August and October 2024. The Registrar had ordered Gospel of God Church International to revert to its original name, Glorious Gospel of God Church, within 30 days or face deregistration. The court emphasized that, under the Organization Act, institutions must first appeal to the government before approaching the High Court.
The Gospel of God Church was initially established in Kenya in 1968 and granted registration on August 26 of that year. In 1985, after government intervention and the departure of foreign leaders, Kenyan members elected their own leaders. The Deputy Registrar subsequently canceled the church's registration through a gazette notice. The petitioners claimed that this action ended the church's legal existence, leading local leaders to register the Glorious Gospel of God Church of Kenya in 2004.
The Registrar approved the name change to Gospel of God Church International on March 22, 2005. However, the original Gospel of God Church group had its registration restored on November 11, 2009. This group asserts that it is the legally recognized entity with the right to own assets valued in billions of shillings. The court also noted that the churches lacked the capacity to file lawsuits in their names without specifying the registered leaders and providing written consent.
The court's decision to dismiss the petition and direct the parties to follow the proper appeal procedures has significant implications for the ongoing dispute. The ruling emphasizes the importance of adhering to established legal procedures in resolving disputes over organizational names and assets. The case highlights the complexities of navigating Kenya's regulatory framework for organizations and the need for clarity in registration and appeal processes.
Key points
- The dispute between the two churches centers on conflicting registration records and the right to use the name "Gospel of God Church" and associated assets.
- The court dismissed the petition due to the petitioners' failure to follow the required legal procedures for appealing the Registrar's decisions.
- The case has significant implications for the ongoing dispute, emphasizing the importance of adhering to established legal procedures in resolving disputes over organizational names and assets.
