High Court Judge Lady Justice Stella Mutuku gave summons to compel the attendance of court server Josphat Mutunga and to take the witness stand against Presbyterian Church of East Africa (PCEA) top clerics in a contempt of court case.
This as the clerics also take to the dock to defend themselves against the contempt charges.
The two PCEA clerics Secretary General Rev. Thegu Mutahi and Moderator of the General Assembly Rev. Thegu Mutahi may have their goose cooked and served when they take on the dock to defend themselves against contempt of court charges on April 2, 2025.
The two will face cross-examination from the plaintiff lawyer Andrew Mochu especially based on when they were served with the restraining order barring them from installing elder David Nderitu Ndumo as the Honorary Treasurer last April.
The Lady Justice Asenath Ongeri had last year given injunction orders after a church member Benjamin Mburu filed a case alleging that Ndumo was too tainted after defaulting on paying an original Sh5.3 million debt from Sheria SACCO that to date has increased to over Sh8 million after attracting interest and court charges.
But in spite of the order the two, in defiance, went ahead to coronate the elder at the last General Assembly held at St Andrew’s Church in Nairobi.
The court has now granted witness summons to the court process server Mutunga to be issued to compel the attendance an April 2, 2025.
Mutunga’s affidavit of service details how on April 8 last year he went to St Andrew’s Church in Nairobi and served the PCEA legal officer Patricia Karanja with the injunction orders from Lady Justice Ongeri.
He later on went and met the Secretary General Rev. Robert Waihenya at the Serena hotel where he served him as he signed the front of the document the same day at 7.15 pm.
According to Mutunga, the meeting was facilitated by officer Karanja through phone calls the same evening.
Mutunga explained the difficulty he got himself into after trying in vain to meet Mutahi in person after he decline to disclose his whereabouts on April 8 and 9, but finally served him through his cell phone.
He produces evidence of the service through a screenshot of the WhatsApp communication of him and Mutahi.
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