Justice Eric Ogola ruled that the removal of Ms Mukenyang from office is null and void as she was served with the impeachment motion document via WhatsApp.
The notice of intention for removal from office was sent to the Speaker on August 25, 2021, by the clerk of the county assembly through his WhatsApp number.
In the impeachment motion that was passed by the MCAs on September 7, 2021, Ms Mukenyang also faced allegations of abuse of office, gross violation of Public Finance Management Act, 2011 and violation of the Public Procurement and Asset Disposal Act, 2015.
The High Court has quashed a decision by West Pokot MCAs to impeach speaker Catherine Mukenyang over claims of financial misappropriation and gross misconduct.
Justice Eric Ogola ruled that the removal of Ms Mukenyang from office is null and void as she was served with the impeachment motion document via WhatsApp.
"There is no indication to suggest that service (of the motion) was effected upon her in any other manner whatsoever. Service by means of WhatsApp is outside the means recognized by the law, and would, therefore, be bad service," said Justice Ogola at the High Court in Eldoret.
The notice of intention for removal from office was sent to the Speaker on August 25, 2021, by the clerk of the county assembly through his WhatsApp number.
Upon receipt of the WhatsApp message, she asked for the documents in support of the allegations being levelled against her. According to Ms Mukenyang the clerk was in receipt of the message 'but “never bothered to reply”.
"WhatsApp is an instant messaging service, which uses the internet. Its use would, therefore, raise questions of proof of delivery, acknowledgement of receipt of service or proof of identity of the intended recipient. Questions of authentication of such service would equally arise. Procedure for service cannot be sacrificed as mere technicalities," stated the judge.
He ruled that personal service of documents “remains the best form of service”.
"Indeed from the evidence before court there is no proof that the Notice in question was served upon the Speaker together with the annexures/ attachments thereto," said Justice Ogola.
The county assembly and the mover of the impeachment motion, Evanson Pkemei Lomaduny, failed to prove that the Speaker was furnished with the notice together with the documentary evidence in support of the allegations levelled against her.
"It is not sufficient to merely outline the grounds of removal of a speaker as provided for under Section 11 (2) of the County Government Act but one must also specify requirements or the facts constituting those grounds as provided for under Section 11 (4) of the same Act," said the judge.
In the impeachment motion that was passed by the MCAs on September 7, 2021, Ms Mukenyang also faced allegations of abuse of office, gross violation of Public Finance Management Act, 2011 and violation of the Public Procurement and Asset Disposal Act, 2015.
