The legality of business premises within the Eldoret Jamia Mosque compound came to question on Thursday during a case over billions of assets owned by the Muslim Association Mosque Committee, Eldoret.
In the case filed in 2021, Muslim youth leader Jamal Diriwo Omari is seeking a permanent injunction against 9 Commitee trustees he accuses of misappropriating assets.
The trustees presented one witness to fight allegations against them.
While taking the stand, the witness Mohamed Chumo, the Secretary of the Muslim Association Mosque Committee, was questioned on why they had allowed the business structures on the Jamia Mosque compound.
Quoting the association constitution, Jamal said no structure is allowed within the compound.
But responding to the matter, Chumo said the structures were to help raise resources.
“The structures are not within the mosque but at the edge of the compound. They are facing outside the mosque,” he told the court.
However, the petitioner insisted that the constitution was clear on the matter and that the committee has illegally allowed the structures to be constructed.
Imposters
The legality of the current office was also questioned with Diriwo accusing the witness of being an imposter.
According to him, the Muslim Association Mosque Committee, Eldoret was de-registered in 2011.
Diriwo told the court that the original association was registered in 1957 as Muslim Association Mosque Committee, Eldoret and that by 2017 it was intact.
However, he states, in his court documents, that the current individuals purporting to be leaders of the association registered a new one that does not have a name of a specific mosque.
“No it’s not true, this is the same and one organisation,” Chumo said during the cross-examination.
He also told the court that the association has 9 plots and one bank account that has millions of shillings.
In his petition, Diriwo claims some of the plots have been illegally converted into private ownership.
He wants the court to order an audit of all the association assets since 1990 when he claims the last handover report was made.
Further, the petitioner accused the Jamia Mosque Committee of infringing on his rights to worship by branding him a witch doctor – a claim he says had been used to block him from accessing the mosque.
At the end of the respondents presenting their witness, Eldoret High Court Judge Robert Wananda directed parties to file their final submissions within 14 days.
The matter will come up for mention on July 25, 2023, when a day for a ruling will be set.
