There was drama in Court when two top Presbyterian Church of East Africa (PCEA) officials differed sharply in a contempt of court case against them.
Secretary General Rev Robert Waihenya admitted to have been served with injunction barring him and the General Assembly Moderator Thegu Mutahi from installing Honorary Treasurer David Ndumo in April 2024.
But Mutahi was vehement in his denial of ever being served in spite of the Court Process Server Josphat Mutunga giving evidence under oath that he served him by way of WhatsApp after the former became evasive and unavailable for personal and physical service.
Waihenya said he and other past moderators convened a meeting in the morning of April 9 to dissuade Mutahi from installing Ndumo following the court injuction but the Moderator was adamant saying he was ready to face the consequences.
Again Mutahi disputed Waihenya’s testimony on the meeting saying the court will decide who between them was lying.
Appearing before Lady Justice Stella Mutuku, process server Mutunga explained how he served Waihenya at a Nairobi hotel and how evasive Mutahi became after numerous phone calls, forcing his decision to serve the latter by way of WhatsApp.
“I decided to serve Rev Mutahi after he went mute on April 9, since he had agreed we meet that morning,” said Mutunga who has had over 30 years experience as a process server.
Mutunga appeared before Justice Mutuku in obedience to witness summons issued.
He explained the law allowed service by WhatsApp in case the one to be served wasn’t available physically.
On his part, Waihenya presented in court evidence on how even after the installation of the Honorary Treasurer against a court order barring the process, he wrote to the Moderator to rescind the installation altogether.
His letter was met with dead silence from Mutahi who termed the letter “unconstitutional”.
The two prelates are facing contempt of court charges after ignoring a court order stopping them from installing Ndumo who is facing a court case of defaulting on a Sh8.3 million loan.
Justice Mutuku adjourned the hearing for May 7 to allow for further evidence against Mutahi by the plaintiff lawyer Andrew Mochu
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