Court Summons To Be Issued Via Messaging Apps Upon Which Blueticks Will Confirm ‘Served’

Traditionally, court summons were to be issued physically by judiciary officers. With technology advances, the system is catching up and aligning themselves with the new innovations.

With internet prevalence and many Kenyans using numerous messaging apps with WhatsApp being the most popular, court summons may now be issued on these applications.

According to the newly gazetted  Civil Procedure (Amendment) Rules 2020, under order 5 rule 22C, defendants would be served through any of these apps upon which notice of delivery will serve as served receipt. In the case of WhatsApp where ‘blue tick’ which means the recipient has read the summon, Will act as the receipt. It’s unclear how this will be done but we assume a screenshot of the delivery will be the proof.

Civil Procedure (Amendment) Rules 2020 notes that;

1. Summons may be sent by mobile-enabled messaging Applications to the defendant’s last known and used telephone number.
2. Summons shall be deemed served on the day which is sent; if it is sent within the official business hours on a business day in the jurisdiction sent, or and if it is sent outside of the business hours and on a day that is not a business day it shall be considered to have been served on the business day subsequent.
3. Service shalle be deemed to have effected when mobile-enabled messaging services when the Sender receives a delivery receipt.
4. An officer of the court who is duly authorized to effect service shall file an Affidavit of Service attaching the delivery receipt confirming service.