This archive report was first published on 25 June 2020.
As you prepare for a court hearing on June 6th, you may be wondering if WhatsApp summons are valid in Kenyan courts. The answer is yes, but with certain conditions.
The Civil Procedure Code and the Children's Act guide the process of civil cases in Kenya, including the use of technology for serving court documents. In 2020, the Chief Justice issued guidelines allowing service of court documents through electronic mail services and mobile enabled messaging applications, including WhatsApp.
However, to be valid, WhatsApp summons must be accompanied by proof of delivery. This can be done by showing that the other party actually read or opened the documents, often indicated by a 'blue tick' on the message.
As a process server, you will need to swear an affidavit indicating the efforts made to serve the defendant and how they responded. In the case of WhatsApp summons, you may need to provide proof that the number used actually belongs to the specific defendant, either by registration or frequency of use.
It's essential to note that the court may require this evidence in its original form or through a certified copy. Therefore, it's crucial to keep a record of all communication, including screenshots and timestamps, to support your claim.
By understanding the rules and guidelines surrounding WhatsApp summons, you can ensure that your case is heard fairly and that you are prepared to respond to any claims that you have not made enough effort to ensure service has been effected.
