A homosexuality case pitting three Anglican Church clerics against Bishop Joseph Kagunda of Mt Kenya West diocese took a new twist Wednesday after a court refused to adopt an out-of-court agreement filed by a mediator.
Justice Abigail Mshila said the agreement drafted by Mr Joakim Mulama Oundo of the court-annexed mediation program could not be legally binding because it was undated and was not signed by the bishop or the church trustees.
The judge further pointed out that two people unknown to the court had signed the document on behalf of Bishop Kagunda and the Church. The two people are Venerable Canon Gerald Muriithi and Venerable Samuel Waweru, according to the document.
“For the mediation agreement to be binding the two respondents, Bishop Kagunda and the registered trustees of the Anglican Church of Kenya, must sign in person. The court does not know the two people and the mediation agreement is also not dated,” said Justice Mshila.
According to the document, Bishop Kagunda did not attend any of the four mediation sessions held at the Nyeri Old Courts building in December and January and was instead represented by the Canon Muriithi.
Lawyer David Onsare, for the clerics, protested that the agreement was not clear on issues of damages and costs. 
In the agreement, the mediator had said “the issues of costs of the suit and amount to be paid (if any) to be determined by the court”. However, lawyer Onsare said the statement was confusing.
The Church Legal Chancellor Wachira Nderitu also complained that the agreement was not clear as he also agreed to have the matter referred back to mediator.
In her ruling, Judge Mshila directed the church and the clerics to comply with the other items of the agreement, which include the priests resuming their pastoral duties and adhering to the church regulations.