Appeals and Arbitration Tribunal

In the Pentecostal Assemblies of God-Kenya (PAG-Kenya) Constitution (2024), the church's judicial functions are primarily managed through the Disciplinary, Arbitration, Restoration and Counseling (DARC) committees and the Appeals and Arbitration Tribunal. These bodies are established to resolve disputes, maintain doctrinal standards, and provide a framework for restoration and counseling within the church.

1. Disciplinary, Arbitration, Restoration and Counseling (DARC) Committees

DARC committees operate at three levels: Assembly, District, and Executive. Their primary functions include correcting and restoring members to fellowship, as well as arbitrating disputes between members, pastors, and church organs.

1. Assembly DARC:

i. Jurisdiction: Deals with disputes among members regarding family matters, unbecoming conduct, and contentions.

ii. Composition: Includes the Assembly Pastor (Chairman), the Assembly Women’s Ministries Director, and an appointed Deacon.

iii. Excommunication: If the committee recommends excommunication, it must forward the case record to the District DARC for onward transmission to the Executive DARC for a final verdict or review.

2.District DARC:

i. Jurisdiction: Handles disputes between pastors in the district, between different assemblies, or between pastors and their assemblies. It also hears appeals from the Assembly DARC.

ii. Composition: Comprised of the District Overseer (Chairman), two pastors, the District Women’s Ministries Director, and the District Secretary.

3.Executive DARC:

i. Jurisdiction: Deals with high-level disputes involving districts, District Overseers, or department heads. It has original jurisdiction over cases of doctrinal departure or incompetence and hears appeals from District DARC committees.

ii. Composition: Consists of the General Superintendent (Chairman), General Secretary, General Treasurer, National Women’s Ministries Director, and a lay member of the Executive Committee.

2. Appeals and Arbitration Tribunal

This is the final level of the church's dispute resolution machinery.

Purpose: It hears matters that have exhausted the DARC committee process.

Mandatory Exhaustion: The constitution mandates that no member or official may take a church-related dispute to a court of law or any external tribunal without first exhausting these internal resolution mechanisms.

3. Disciplinary Actions and Procedures

The DARC committees follow specific protocols to ensure fairness:

i. Complaint Requirements: Complaints must be in writing and signed.

ii. Possible Verdicts: If a member is found guilty, actions can include restitution, reimbursement of costs, public apologies, removal of privileges, reprimand, suspension, or excommunication (which only the Executive DARC can authorize).

iii. Frivolous Complaints: The committees can also take action against individuals who file malicious or unwarranted complaints.

iv. Appeals Timeline: All appeals must be filed within sixty (60) days of a verdict.