Deed Of Foundation
THIS DEED OF FOUNDATION is made on 9TH DAY OF JANUARY 1967 by the persons appointed to represent the Methodist Church and to represent the Synod of the Kenya District of the Methodist Church, being the persons whose names are set out in the first schedule to this Deed.
(1) The Methodist Church is the Church in which since the year 1932 have been united the three Churches known before their union as the Wesleyan Methodist Church, the Primitive Methodist Church and the United Methodist Church.
(2) One of the declared aims of the Methodist Church is to assist in the establishment of Churches overseas which shall maintain and spread the Faith in their own countries and among their own kindred.
(3) The Methodist Church in Kenya has grown out of the work of the United Methodist Free Churches, who’s Missionary Committee in 1860 agreed to send a mission to East Africa and whose missionaries first reached Mombasa in 1862. In 1907 the United Methodist Free Churches became part of the United Methodist Church, which in 1932 became part of the Methodist Church.
(4) The administration of the present Church (Which is hereinafter referred to as "Existing Church in Kenya") is now carried on under the ultimate authority of the Conference of the Methodist Church exercised through the Methodist Missionary Society which is the Overseas Missions Department of the Methodist Church.
(5) The Synod of the Kenya District of the Methodist Church is the Organization in Kenya by which the work of the Existing Church in Kenya is immediately administered and which advises the Conference of the Methodist Church on all matters connected with the work and with the well-being of the members of the Existing Church in Kenya.
(6) The Synod has asked the Conference of the Methodist church that there should now be established an autonomous Methodist Church in Kenya, in place of but in natural succession of the Existing Church in Kenya and the Conference has willingly resolved to accede to that request.
(7) For this purpose the Methodist Church has by resolution of the Conference dated the 196 appointed the persons whose names appear in Part I of the First Schedule hereto as its representatives, and the Synod has by resolution dated the 196 appointed the persons whose names appear in Part II of the First Schedule hereto as its representatives, to execute this Deed of Foundation; and each resolution provides that execution by three quarters of the respective representatives shall be sufficient and binding.
NOW therefore THIS DEED WITNESSETH that the Methodist Church and the Synod by their representatives DECLARE as follows:-
1. The Methodist Church in Kenya is hereby constituted and recognised as an equal and autonomous community of Christian Believers in no way subordinate to the Methodist Church, though joining with the Methodist Church in they common faith and heritage.
2. The doctrinal standards of the Methodist Church in Kenya as of The Methodist Church, are:-
The Methodist Church claims and cherishes its place in the Holy Catholic Church which is the Body of Christ. It rejoices in the inheritance of the Apostolic Faith and loyally accepts the fundamental principles of the historic creeds of the Protestant Reformation. It ever remembers that in the Providence of God Methodism was raised up to spread Scriptural Holiness through the land by the proclamation of the Evangelical Faith and declares its unfaltering resolve to be true to its divinely appointed mission.
The Doctrine of the Evangelical Faith which Methodism has held from the beginning and still holds are based upon the Divine revelation recorded in the Holy Scriptures. The Methodist Church acknowledges this revelation as the supreme rule of faith and practice. These Evangelical Doctrines to which the Preachers of the Methodist Church both Ministers and Laymen are pledged are contained in Wesley's Notes on the New Testament and the first four volumes of his sermons. The Notes on the New
Testament and the 44 Sermons arc not intended to impose a system of formal or speculative theology on Methodist Preachers' but to set up standards of preaching and belief which should secure the loyalty to the fundamental truths of the Gospel of Redemption and ensure the continued witness of the Church to the realities of the Christian experience of salvation.
Christ's Ministers in the Church are Stewards in the household of God and Shepherds of His flock. Some are called and ordained to this sole occupation and have a principal and directing part in these great duties but they hold no priesthood differing in kind from that which is common to all the Lord's people and they have no exclusive title to the preaching of the gospel or the care of souls. These ministries are shared with them by others to whom also the spirit divides His gifts severally as He wills.
It is the universal conviction of the Methodist people that the office of the Christian Ministry depends upon the call of God who bestows the gifts of the spirit the grace and the fruit which indicate those whom He has chosen.
Those whom the Methodist Church recognises as called of God and therefore receives into its Ministry shall be ordained by the imposition of hands as expressive of the Church's recognition of the Minister's personal call.
The Methodist Church holds the doctrine of the priesthood of all believers and consequently believes that no priesthood exists which belongs exclusively to a particular order or class of men but in the exercise of its corporate life and worship special qualifications for the discharge of special duties are required and thus the principle of representative selection is recognised. The Preachers itinerant and lay are examined tested and approved before they are authorised to minister in holy things. For the sake of Church Order and not because of any priestly virtue inherent in the office the Ministers of the Methodist Church are set apart by ordination to the Ministry of the Word and Sacraments.
The Methodist Church recognises two sacraments namely Baptism and the Lord’s Supper as the Divine Appointment and of perpetual obligation of as it is the privilege and duty of Members of the Methodist Church to all themselves.
3. In order to secure the full co-operation between the Methodist Church shall: Methodist Church in Kenya which both desire, the two Churches the shall as soon as Possible after the assembly of the Foundation Conference o operating in in Kenya negotiate arrangements for ensuring their co-operation in Church matters.
4. A Conference to be known as "the Foundation Conference" shall be held for the purpose of settling and adopting a Deed of Church Order which shall be the Constitution of the Methodist Church in Kenya. The Foundation Conference shall be the first Conference of the Methodist Church in Kenya. The members of the Foundation Conference shall be:
(a) The representatives of the Methodist Church and the Synod whose names appear in the First Schedule hereto:
(b) Such other persons, if any, as are appointed by the Synod to be members being (1) persons already so appointed by the Synod in anticipation of the execution of this Deed or (2) persons appointed after the execution of this Deed but before the meeting of the Foundation Conference.
(c) Such other persons, if any, as the Foundation Conference may co-opt.
The Foundation Conference may regulate its own procedure, but, until otherwise resolved by it, the provisions of the Second Schedule hereto shall regulate its procedure.
5. The Deed of Church Order shall contain such provisions relating to the organisations and government of the Methodist Church in Kenya as the Foundation Conference shall think fit and shall provide for the following among other matters:
(a) The constitution of a Conference, consisting of a Representative Session and a Ministerial Session, which shall be the supreme authority of the Methodist Church in Kenya.
(b) The ordering of the Methodist Church in Kenya and its Synods.
(c) The appointment of such Committees, Departments and local bodies as they be desirable.
(d) The appointment of such officers of the Church as are to be appointed by the Conference.
(e)The making by the Conference of Standing Orders for the regulation (Subject to the Deed of Church Order) of any matters which it is desirable at the Conference should have power to regulate.
(f) Provision that the Conference may revoke, alter or add to any of the provisions of the Deed of Church Order (save the doctrinal standards) but that such revocation, alteration or addition shall require:
(i) (in all cases) a resolution passed by the Representative Session by the votes of not less than three-fourths of the members of the session present and voting and after reference to the Representative Session of the Synods (if any) confirmed in the next meeting of the Conference in its Representative Session by a similar resolution similarly passed; and also
(ii) (in the case of a revocation, alteration or addition which affects the continuance of the Ministerial Session as a separate body or the respective powers of the Representative and Ministerial Session or the union of the Methodist Church in Kenya with another Christian religious organization) a resolution passed by the Ministerial Session meeting separately by the votes of no less than three-fourth of the members of that Session present and voting and after reference to the Ministerial Session of the Synod (if any) confirmed in the next meeting of the Conference in its Ministerial Session by a similar resolution similarly passed.
(g) A statement of the doctrinal standard in the terms hereinbefore contained and a provision that the doctrinal standards shall not be capable of being altered.
(h) A provision that the Conference of the Methodist Church in Kenya shall be the final authority within that Church for deciding all questions concerning the interpretation of its doctrinal standards. 6. Notwithstanding anything contained in this Deed it shall be within the powers of the Methodist Church in Kenya to join or merge in a union with any other Christian Church or Christian religious organisation provided that this power shall not be exercised unless: (a) Any provisions regarding the procedure for effecting such Union which are contained in the Deed of Church Order as for the time being in force shall have been complied with: and
(b) The proposals for the union shall (notwithstanding any provisions of the Deed of Church Order as for the time being in force) have been approved by a resolution of the Conference or other governing assembly for the time being of the Methodist Church in Kenya passed by the votes of not less than three-fourths of the members of the Conference or other governing assembly present and voting and after reference to the Synods (if any) confirmed in the next following meeting of the Conference or other governing assembly by a similar resolution similarly passed; and so that as long as the Conference or other governing assembly consists of a Representative and a Ministerial Session separate resolutions of each Session, each passed by the majority aforesaid and after such reference as aforesaid confirmed in manner afore-said by each Session shall be requisite for approving proposals for union.
7. This Deed shall not itself operate to transfer to the Methodist Church in Kenya any property now held by or on behalf of the Methodist Church or any contract or liability entered into by the Methodist Church but arrangements shall be agreed between the Methodist Church and the Methodist Church in Kenya whereby:-
(a) Property of the Methodist Church held in Kenya in connection with the Existing Church in Kenya shall (so far as the law allows) be transferred to the Methodist church in Kenya by vesting the property in such persons or bodies as may by or pursuant to the Deed of Church Order be designated for the purpose of holding the property of the Methodist Church in Kenya.
(b) The Methodist Church in Kenya will take over from the Methodist Church contracts and liabilities in respect of the said properties or otherwise in connection with the carrying on of the Existing Church in Kenya.
(c) Officers of the Existing Church in Kenya and other persons employed in Kenya in connection with the Existing Church in Kenya shall (subject to any necessary consent by them) become officers or employees of the Methodist Church in Kenya.
8. Pending the agreement and carrying out of the arrangements mentioned in the last preceding clause the Methodist Church will allow the Methodist Church in Kenya to use and enjoy the property of the Existing Church in Kenya and the services of its officers and employees to the intent that the work of the Church may be carried on in Kenya without interruption.
9. Until the assembly of the second Conference of the Methodist Church in Kenya (being the first to be convened pursuant to the Deed of Church Order) the Foundation Conference (and until the assembly of the Foundation Conference, the Synod) shall exercise in relation to the Methodist Church in Kenya all powers and authorities which have hereto before been exercised in relation to the Existing Church in Kenya by or on behalf of the Conference of the Methodist Church, other than powers and authorities relating to the disposal of property of the Methodist Church.
10. Subject to the provision of this Deed the present constitution and powers of the Synod and any other regulation or matter relating to the Existing Church in Kenya shall be deemed to continue in force so far as may be necessary to enable the Synod to perform its functions under this Deed and generally so far as may be necessary to enable the transition from the Constitution of the Existing Church in Kenya to the Constitution of the Methodist Church in Kenya to be fully carried out and completed and to enable the work of the Church to be carried on in Kenya without interruption during the period of transition.
11. This Deed shall come into operation on 9th Day of Jan. 1967.
IN WITNESS whereof the persons whose names are set out in the First Schedule to this Deed have hereunto set their hands and seals.