ADVOKS GLOBAL · KENYA
Government Proceedings Act
13A. Notice of intention to institute proceedings
Edition: 2022-12-31 · In force
13A. Notice of intention to institute proceedings
(1)No proceedings against the Government shall lie or be instituted until after the expiry of a period of thirty days after a notice in writing in the prescribed form have been served on the Government in relation to those proceedings.(2)The notice to be served under this section shall be in the form prescribed in the Third Schedule to this Act and shall include the following particulars—(a)the full names, description and place of residence of the proposed plaintiff;(b)the date upon which the cause of action is alleged to have accrued;(c)the name of the Government department alleged to be responsible and the full names of any servant or agent whom it is intended to join as a defendant;(d)a concise statement of the facts on which it is alleged that the liability of the Government and of any such servant or agent has arisen;(e)the relief that will be claimed and, so far as may be practicable, the value of the subject matter of the intended proceedings or the amount which it is intended to claim.(3)The provisions of this section shall not apply to such part of any proceedings as relates to a claim for relief in respect of which the court may, by virtue of proviso (i) to section 16(1), make an order declaratory of the right of the parties in lieu of an injunction.