Holy Ghost Coptic Church of Kenya founder Father John Juma Pesa yesterday fought claims that he had detained 23 mentally ill patients in deplorable conditions.
Mr Pesa termed the lawsuit filed against him by the County Government of Kisumu as incompetent, frivolous, scandalous, vexatious and an abuse of the court process that deserves to be dismissed with cost.
He said the applicants are yet to satisfy the court on why orders should be issued to demolish his church, saying the photos produced give a false narrative and attempt to mislead the court.
The county’s Health department had filed an application in court seeking eight orders, among them immediate demolition of the church, prosecution of the controversial cleric and a release of the 23 confined persons to a recognised government health institution.
In the criminal application dated January 20, 2023, filed under a certificate of urgency, the department accused Mr Pesa of contravening the Public Health Act and Food Drugs and Chemical Substance Act.
In the petition before Winam Court’s Senior Principal Magistrate Fatuma Rashid, the county has listed the Holy Ghost Coptic Church of Kenya administration, Mr Pesa, the church director and family members of the “detainees”, as first, second, third and fourth defendants, respectively.
In a sworn affidavit by Senior Public Health Officer Wycliffe Owuor, the county also wants the court to issue orders restraining Mr Pesa from taking in any new individuals. It also sought to have the police enjoined in the case to enforce the directives. Further, the county sought suspension of services within the premises, until a medical officer is satisfied.
But in his defence, Mr Pesa, who is being represented by lawyer Samuel Onyango, stated that the allegations are completely unfounded and misconceived.
“Allegations of harbouring persons of unsound mind and placing them in dehumanising conditions are not true. These are attempts to embarrass me in the eyes of the court and the public and a further attempt to lead to immediate and illegal closure of the church,” said Mr Pesa.
The controversial clergyman said there was no psychiatric report or evidence whatsoever adduced in court by the county government on the mental states of the 23 “special” people being cared for in the church.
He told the court that the responsibility of the church to the 23 people is partly spiritual nourishment and healing.
“What we have in the church can be classified as a prayer relief project, a role played by various religious institutions far and wide,” said Mr Pesa.
A contingent of police officers at The Holy Ghost Coptic Church in Kisumu to rescue people who had allegedly been detained by Father John Pesa on allegations of being mentally unstable on January 22, 2023.
Photo credit: Tonny Omondi | Nation Media Group
According to the church, by virtue of the fact that the guardianship of the said persons has been entrusted to it by their relatives, they bear the primary responsibility for them.
“This role has been played to the letter by the church where the special persons are cared for and provided with proper nutrition, shelter and medical care. Their stay here is warranted because their relatives and guardians consented for purposes of spiritual healing,” said Mr Pesa.
The county public health department had claimed the church lacked sanitary facilities, a proper kitchen and no food handlers with valid medical certificates, with the food there being prepared under unsanitary conditions contrary to the Food Act.
He added that most of the people were suffering from venereal diseases and that through the church they are able to get the necessary treatment and medication.
Mr Pesa also states in his affidavit that he has never received from the county’s Health department a notice or warning of non-compliance with any of the public health standards since the county government has never carried out an inspection of the church premises.
According to him, the court cannot, without any request by the parties involved, determine the suitability of the occupancy of any premises without being properly guided by a sanitary inspection report and consequent statutory notice.
“It is only the two documents that can recommend demolition or renovation of condemned premises that have failed to meet the mandatory requirements,” he said.
In his affidavit, Mr Owuor detailed how he was alerted by the police on January 18th around 1.30 pm, to accompany them for an inspection cum raid at a place he was told operated as a health facility by hosting mentally ill persons and drug addicts.
Some of the structures hosting the ‘patients’ were both single-storey and semi-permanent but were seriously dilapidated and inhabitable with dusty floors and odorous. The buildings had cracks and leakages.
