Trapped!
Church and priest ponder
future after conviction
By Martin Masai
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| Makewa the Prisoner- Graphics by Anchor Media |
His two year suspension is coming to an end in November 2012 and the Diocesan Council is expected to make a decision over his fate on or before that time.
Observers see the appeal that Fr Makewa is planning to launch as the biggest impediment to the decision that the church ought to make over the future of Makewa as priest in the church.
Makewa has remained defiant and even after he was found guilty; he remained studiously quiet as his lawyer Mr Emman Mwagambo pleaded with the court to impose a non custodial sentence. Whether the appeal succeeds is another matter altogether but suffice it to say that the case has divided the church down the middle, with Makewa and his admirers believing that he is being falsely accused and edged out of the supposed race for a new Bishop for the proposed Makueni Diocese.
On the other hand, Fr Nzuki and a silent majority of priests see Makewa’s case as the culmination of high handed priesthood that, by twist of fate, is being called to account for actions within and without the church. Makewa has been the face of resistance in the Catholic Church in the region, facing off with the administration and political leaders and at the same time fraternizing with others beyond his priestly calling.
Be that as it may, many see the case as putting the church on pressurized trial as its priests are facing various cases and being sent to jail like the case of Kitui’s Fr Munyoki now in Prison of defilement. The church is also on the spot over priests taking to marriage while others lead care free lives, bringing to shame the Roman Catholic Church.
That notwithstanding, there were feelings that given the strength of the findings of the magistrate and the fact that the penalty for such act could lead to life imprisonment, the sentence for a mere seven years was undeniably very indulgent. This is notwithstanding that fact that Makewa is today 62 years.
His trial concluded and faded any hope of ever knowing the motive behind Makewa’s shooting of Fr Fidelis Nzuki on the night of March 20 2010 at the Residence Makueni Catholic Parish Priest in charge, at the time being Fr Makewa.
The court explained that it had found that it was Makewa who intently shot to kill Fr Nzuki on the fateful night. “Once the intention is established, then the motive becomes immaterial” the trial Magistrate decreed.( Th Anchor has published the entire judgement elsewhere in this paper)
Makewa already faces Expiatory Penalties guided thus: One who commits murder or who by force or by fraud abducts, imprisons, mutilates or gravely wounds a person is to be punished according to the gravity of the offence with the deprivations and prohibitions mentioned in Canon 1336
Canon 1336 states
“1. In addition to other penalties which the law may have established, the following are expiatory penalties which can affect an offender either perpetually, for a prescribed time, or for an indeterminate time:
1A prohibition or an order concerning residence in a certain place or territory;
2 Deprivation of a power, office, function, right, privilege, faculty, favor, title, or insignia, even of a merely honorary nature;
3 A prohibition against exercising those things listed under paragraph 2 or a prohibition against exercising them in a certain place or outside a certain place; these prohibitions are never under pain of nullity;
4 A penal transfer to another office;
5 Dismissal from the Clerical State.”
Upon his suspension in November 2010, Fr Makewa was subjected to the first, second and third provisions of Canon 1336. He was banished from all catholic establishments for two years. He was also prevented from celebrating mass but has retained his titles of Reverent Father. This may explain why Makewa stuck to wearing his clerical collar even when he was in the dock.
Under this law, he could now face penalties specified under rule Four and Five.
Sources within the church tell The Anchor that given the gravity of the matter, it is unlikely that Fr Makewa will slip below facing the entire force of Canon 1336.
“ If he is dismissed from the Clerical State, he will have to give up priesthood in the church and seek other interests or join another church altogether where they may put up with the image of a convict under common law”, said the source that declined to be quoted discussing a matter as sensitive as Fr Makewa’s.
Makewa was jailed on June 18 to serve seven years in jail but is out on Sh 1m cash bail and a surety of Sh 5m. He was in Machakos Prison till June 22 2012 when he completed the release procedure.
Makewa obtained the surety of his maternal uncle Mr Kamende Muloo, who committed his Title Deed for Kangundo/ Mbilini LR 1307 worth Sh 5.3m. A Coffee plantation, a school and church are said to be existing on the property measuring 2.5 hectares.
His conviction came after years of drama in and out of court as the trial went through three courts including the High Court in Machakos to be determined.It would have been concluded earlier had the Makueni Resident Magistrate Mr Joseph Karanja not bolted out of the case after he alleged that stories were doing rounds that he had been bribed to favour Makewa in the trial.
As he bolted out, Mr Karanja cited a report exclusively carried by The Anchor concerning a session he held in his chambers with all the parties during which he disclosed the damning bribery allegations that he seemingly never wanted investigated as ought to be the case.
Tawa Senior Resident Magistrate Waititu Gichimu admitted Makewa to bond pending appeal after explaining to the priest that he had a right to appeal within 14 days of sentence. The matter will be mentioned in July 4 before Mr Gichimu
