Kakamega, Kenya, April 5, 2022
Liturgy at the Church of Sts. Charalambos and Porphyrios with Fr. Athanasios Omare Amadiva. Photo: Telegram
More than two dozen Western Kenyan Orthodox priests who chose to join the Alexandrian Exarchate of the Russian Orthodox Church were summoned to court on charges of serving in churches of the Patriarchate of Alexandria and thereby violating constitutional rights to freedom of religion and assembly.
In an article yesterday, OrthoChristian quoted Metropolitan Leonid of Klin, the Russian Patriarchal Exarch for Africa, stating that 28 priests were summoned to court. However, in documents from the Kakamega High Court then made available to OrthoChristian, 26 priests are named.
In the documents, dated to late last month, the petitioner is named as the Orthodox Diocese of Kisumu and All Western Kenya (of the Patriarchate of Alexandria). In February, OrthoChristian reported that the overwhelming majority of priests of the Kisumu Diocese have joined the Russian Church’s Exarchate.
The Diocese contends that while the priests “by oath denounced and removed themselves from the PETITIONER which is under the Patriarchate of Alexandria & All Africa and joined the Russian Orthodox Church,” they continue to “serv[e] as priests in various parishes of the PETITIONER in the Diocese of Kisumu and All Western Kenya.”
However, the priests in question emphasize that the plots of land where the churches are were donated by locals. Though the Patriarchate sought to have the properties legally transferred to them, it never happened, and so they belong to the local parish communities.
The Diocese notes that the issue traces to Alexandria’s recognition of the “Orthodox Church of Ukraine,” and characterizes the Russian Church’s decision to cease commemorating Patriarch Theodoros of Alexandria as a “sece[ssion] from the Greek Orthodox Church.”
The documents also note that the priests were suspended by the Diocese after they joined the Russian Church’s Exarchate, but are “by force purporting to convert the premises of the Greek Orthodox Church for carrying out services and functions of the Russian Orthodox Church,” thus causing a breach of peace and interfering with the worship of the local Alexandrian communities.
The Diocese therefore asks that the priests be prevented from serving in the relevant churches.
Interestingly, the Diocese of Kisumu even states that the Russian and Alexandrian Churches have different theology: “The Russian Orthodox Church is distinct, separate and has a different doctrinal basis from the Greek Orthodox Church.”
Contending that the priests are attempting to forcefully convert their communities and churches, the Diocese argues that they thereby violate the constitutional rights to the freedom of conscience, religion, thought belief and opinion, to the freedom of association which includes the right to form, join or participate in the activities of an association of any kind, and to assemble.
On March 29, the court ordered that a temporary injunction be placed on the given priests from serving in any church of the Diocese of Kisumu “pending inter partes hearing of this Application.”
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