Reading and Ignoring WhatsApp messages or switching off Whatsapp Blueticks may land you in a lot of trouble with the law should new proposed changes on serving summons by the Judiciary get approved and recently elected Law Society of Kenya (LSK) Chair, Nelson Havi says this is a move in the right direction.
According to the new Civil Procedure (Amendment) Rules 2020, under order 5 rule 22C, defendants would be issued with Court summons via mobile-enabled messaging applications to the defendants’ last known and used telephone number.
Failure to appear before a judge on the date listed would lead to the defendants risking being held in contempt of the court. This could carry a fine not exceeding Sh200,000 or imprisonment for up to six months.
This new law will make it easier for suspects to be served without necessarily tracking them down.
Nelson Havi says the new law is progressive and important to the advancement of justice. “These amendments are most welcome because they are progressive bringing justice closer to the mwananchi,” Havi told journalists.
Switching-off Whatsapp Blueticks
In the case of WhatsApp, ‘blue-ticks’ will mean the recipient has read the summon and will be accepted in court as the receipt “WhatsApp will give the sender delivery reports. If you switch off the blue ticks, that is your problem.” Havi states.
If adopted Kenya will join countries like the Netherlands where the court accepts blue ticks as a receipt of notice of work termination and India which in 2018 allowed service of summons to be effected through WhatsApp.
