Two top PCEA leaders differed sharply on a contempt of court case against with each giving giving contradicting accounts of what transpired on the date of April 9 before the General Assembly meeting.
Whilst Secretary General Rev Robert Waihenya admitted to have been served with injunction barring him, the General Assembly Moderator Rev. Thegu Mutahi from installing Honorary Treasurer David Nderitu Ndumo who was in court.
A defiant Mr Mutahi was adamant in his denial of ever being served with the injunction.
This is in spite of the Court process server Mr 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.
Rev Waihenya said he and other past Moderators convened a meeting in the morning of April 9 to dissuade Mr Mutahi from installing Mr Ndumo following the Court injuction but the Moderator was adamant saying he was ready to face the consequences.
Again Mr Mutahi disputed Rev Waihenya’s testimony on the meeting saying the court will determine who between then was lying.
Appearing before Lady Justice Stella Mutuku, process server Josphat Mutunga explained how he served Rev Waihenya at a Nairobi hotel and how evasive Rev 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 Mr Mutunga who has had over 30 years experience as a process server.
Mr. Mutunga appeared before Justice Mutuku in obedience to witness summons by Justice Mutuku.
He explained the Law allowed service by WhatsApp in case the one to be served wasn’t available physically.
On his part, Rev 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 Rev Mutahi who termed the letter “unconstitutional”.
The two prelates are facing contempt of court charges after ignoring a court order stopping them from installing Mr Ndumo who is facing a court case of defaulting on a Sh 8.3 million loan.
Lady Justice Mutuku adjourned the hearing for May 7 to allow for further evidence including a video footage against the Reverend Thegu Mutahi by the plaintiff lawyer Andrew Mochu.
