Local Authorities (Recovery of Possession of Property) Act
7. Action against local authority for irregularity in obtaining possession
7. Action against local authority for irregularity in obtaining possession
Where the local authority at the time of applying for a warrant had lawful right to the possession of the premises or of the part thereof so held over, neither the local authority nor any person acting on its behalf shall be deemed to be a trespasser by reason merely of an irregularity or informality in the mode of proceeding for obtaining possession under the authority of this Act, but any party aggrieved may bring an action for the irregularity or informality, in which the damage alleged to be sustained thereby shall be specially pleaded, and may recover full satisfaction for that damage with the costs of the suit:Provided that, if the special damage so pleaded is not proved, the defendant shall be entitled to a verdict and if the special damage is proved but is assessed at a sum not exceeding twenty shillings the plaintiff shall recover no more costs than damages, unless the judge or magistrate before whom the trial is held certifies on the record that in his opinion full costs ought to be allowed.Source: Kenya Law