A compensation claim against a Kenyan public authority begins with classification, not a damages figure. The same event may suggest negligence, breach of contract, unlawful administrative action or a constitutional violation, but each route has different elements, parties, time limits and remedies. A credible file identifies the public actor, the legal duty, the act or omission, causation and each item of loss before proceedings are drafted.
Classify the wrong before choosing the court
Ask what the authority actually did: caused physical or property damage, failed to perform a contract, detained a person unlawfully, implemented an invalid decision, acquired property, disclosed information or violated another protected right. Then identify the source of the duty and the forum given jurisdiction by the Constitution and legislation.
An ordinary tort claim seeks compensation for a recognised civil wrong. A contract claim enforces an agreed obligation. Judicial review primarily controls legality and performance of public duties. A constitutional petition requires a specifically pleaded violation or threat and appropriate Article 23 relief. One event may engage more than one basis, but constitutional language should not be added merely to avoid the rules governing an ordinary claim.
Write a one-page classification note setting out the primary cause, any alternative cause, necessary public-law order, proposed defendants, court, limitation trigger and method of proving loss. Revisit it when the official record arrives.
Identify the entity and the conduct attributable to it
Determine whether the proposed respondent is the national government, a county government, a state corporation, commission, statutory authority or another legal person. Check the establishing law and capacity to sue or be sued. A department name, project office or facility may not itself be the correct defendant.
For an employee’s act, record identity, post, instructions, location, equipment and connection to official functions. For an institutional omission, identify the office that received the request, the duty to act, available resources or control, and the period of inaction. Do not infer attribution solely because the event occurred in a public building.
Where several entities participated, allocate the alleged conduct separately. A contractor, national agency and county officer may owe different duties. This prevents collective allegations that do not explain who caused the loss.
Read the Government Proceedings Act before filing
The Government Proceedings Act regulates civil proceedings involving government. Sections 12 and 13 are relevant to parties and service in proceedings against government, while section 21 addresses satisfaction of orders against government. The procedural position of a county or statutory body must be checked under its own legal framework rather than assumed to be identical.
Confirm the required description of parties, place and method of service, pleadings, certificates and any statutory pre-action step applicable to the particular cause. Use the current text and current court rules. Do not rely on a generic demand-letter template as proof that every special requirement has been met.
Control limitation from the earliest possible date
Section 4 of the Limitation of Actions Act contains periods for categories including contract and tort, subject to other provisions and cause-specific legislation. Determine when the cause of action accrued, whether damage was immediate or later, and whether any extension or disability provision is genuinely available.
Keep limitation analysis separate for each defendant and cause. An administrative complaint, request for payment, internal investigation or settlement meeting should not be assumed to stop time. If continuing conduct is alleged, distinguish recurring new acts from continuing consequences of an earlier completed act.
Create a deadline sheet with the event date, knowledge date where legally relevant, demand, statutory review, intended filing and service. Obtain advice early if the claim may already be late; do not conceal the dates in correspondence or pleadings.
Preserve evidence held by the authority
Send a targeted preservation request identifying the incident, location, staff, system and date range. Depending on the dispute, request retention of registers, CCTV, vehicle logs, inspection records, contracts, payment files, correspondence, incident reports, device data and decision minutes. State why the material is relevant without asking the recipient to create records that never existed.
Article 35 of the Constitution and the Access to Information Act may support access to public records, subject to lawful exemptions and redaction. Use precise descriptions and follow the statutory response and review process. A refusal to provide information is not automatically proof of the underlying wrong.
Preserve claimant-side originals too: photographs with source files, treatment records, invoices, tax records, correspondence, property documents and witness accounts. Under sections 78A and 106B of the Evidence Act, electronic material requires attention to admissibility and authenticity. Keep exports, metadata and a record of how each item was obtained.
Prove breach and causation as separate steps
For negligence, identify the duty and the conduct said to fall below it. For contract, identify the term, performance due, breach and contractual consequences. For constitutional relief, link a particular public act to a particular right and explain why ordinary relief is insufficient or why constitutional relief is independently appropriate.
Causation asks what loss the wrongful conduct produced. Separate pre-existing conditions, independent market events, claimant decisions and mitigation. Medical or technical causation may need an expert who has reviewed source records and explains method, not a conclusory letter prepared only for litigation.
Build a loss schedule from source records
| Loss category | Useful proof | Common weakness |
|---|---|---|
| medical and care expense | clinical record, prescription, invoice and payment | estimate without treatment connection |
| earnings or business income | employment, tax, banking, accounts and capacity evidence | gross projection with no saved expenses or mitigation |
| property damage | ownership, pre-event condition, inspection, repair and valuation | replacement price unsupported by condition |
| contract balance | agreement, delivery, acceptance, invoice and payment ledger | invoice alone where performance is disputed |
| non-financial harm | contemporaneous record, medical or contextual evidence | generic assertion detached from the proved act |
Update the schedule when evidence changes. Distinguish amounts already paid, reimbursed or recovered from third parties. If future loss is claimed, state the assumptions and discount or contingency approach. The court needs evidence, not a round figure selected for negotiation.
Use public-law and damages remedies for their proper purposes
Setting aside an invalid decision, compelling performance, prohibiting action and declaring rights address public-law defects. Damages or compensation address proved loss or the need for an effective rights remedy. The desired package may include both, but each order must have a legal and evidential foundation.
A claimant should not receive double recovery for the same injury under tort and constitutional labels. Plead alternatives clearly and identify any distinct constitutional harm. If a valid discretion remains with the authority, the court may return the matter for lawful reconsideration rather than direct the desired substantive result.
Plan for judgment satisfaction, not ordinary execution
Section 21 of the Government Proceedings Act provides a certificate and payment framework for orders against government and restricts ordinary execution against government property. After judgment, comply with the certificate process, serve the responsible offices correctly and maintain proof of delivery and follow-up.
Do not instruct auctioneers against government assets without a lawful basis. If payment is delayed, the next step depends on the judgment, certificate, responsible accounting office and public-law duties. Any application to compel satisfaction should name the correct office-holder, prove the completed steps and seek an implementable order.
Prepare the claim file in modules
- entity and capacity records;
- cause-of-action and jurisdiction note;
- limitation calculation for each cause;
- event chronology and actor map;
- duty, breach and causation evidence;
- preservation and information requests;
- loss schedule with numbered supporting records;
- pre-action correspondence and service proof;
- draft primary and alternative remedies;
- post-judgment certificate and satisfaction plan.
Coordinate related routes without losing the claim
A criminal, disciplinary, audit or ombudsman investigation may generate useful evidence but has a different purpose. Track it independently and do not assume it determines civil liability or extends limitation. Use lawful disclosure routes and avoid statements that prejudice an active process.
For a rights-based case, see the constitutional petition guide. Challenges to the validity of an official decision belong in the judicial review guide. Claims arising from police conduct should also use the police rights guide.
Record every settlement proposal separately from admissions and preserve the authority of each public representative to negotiate or approve payment. A discussion with an operational officer may help resolve facts but does not necessarily bind the responsible entity or accounting office. Any settlement should identify the claims released, payment date, costs, tax treatment where relevant and consequences of default.
Official Kenyan provisions checked
- Constitution of Kenya, 2010: Articles 22, 23, 35, 40, 47, 48, 159 and 165 on rights enforcement, information, property, administrative action, access to justice and jurisdiction.
- Government Proceedings Act (Cap. 40): sections 12, 13 and 21 on parties, service and satisfaction of orders involving government.
- Limitation of Actions Act (Cap. 22): section 4 and related provisions governing limitation according to the cause of action.
- Evidence Act (Cap. 80): sections 35, 48, 78A, 106B and 107–112 on records, experts, electronic evidence and burdens of proof.
- Access to Information Act, 2016: statutory process for requesting public information and challenging a refusal.
Considering a compensation claim against a Kenyan public authority? Request an entity, limitation, evidence and recovery assessment. This page is general information, not legal advice; liability, procedure and satisfaction depend on the particular public body and cause of action.
Frequently asked questions
Is every loss caused by a public authority a constitutional compensation claim?
No. The facts may support tort, contract, statutory, administrative or constitutional relief. The claim should identify the primary cause, correct forum and distinct injury. Constitutional language should not be used merely to bypass the procedure or limitation rules of an ordinary claim.
Can government property be attached after a damages judgment?
Section 21 of the Government Proceedings Act establishes a certificate and satisfaction framework and restricts ordinary execution against government property. The judgment creditor should complete the certificate process, serve the responsible offices and use an appropriate lawful enforcement route.
What records support a public-authority financial loss claim?
Use a category-by-category schedule linked to source records such as treatment invoices, employment and tax documents, bank records, accounts, ownership material, valuations and repair evidence. Show causation, mitigation and any reimbursement, and explain assumptions used for future loss.