ADVOKS GLOBAL · KENYA
Public Authorities Limitation Act
4. Tender of amends
Edition: 1974-05-31 · In force
4. Tender of amends
(1)In any proceedings founded on tort where damages are claimed against the Government or a local authority in respect of negligence, or a breach of any duty imposed by or under any written law, or in respect of any alleged act, neglect or default in the execution or intended performance of any public duty or authority-(a)tender of amends before the proceedings were instituted may, in lieu of or in addition to any other plea, be pleaded;(b)if the proceedings were instituted after such tender, or are proceeded with by the plaintiff after he has notice of the payment into court of any money in satisfaction of any cause of action, and the plaintiff does not recover more than the sum tendered or, in respect of the cause of action, paid, he shall not recover any costs incurred in the proceedings, or as the case may be, in respect of the cause of action, after the tender or payment, and the defendant shall be accordingly entitled to costs, to be taxed as between advocate and client, from the time of tender or payment;(c)if, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity to make a tender of amends before the institution of proceedings, the court may award to the defendant costs to be taxed as between advocate and client;(d)subject to sections 5 and 6 of this Act, when proceedings have been instituted contrary to subsection (1) or (2) of section 3 of this Act, or judgment is entered in pursuance of subsection (3) thereof, the defendant shall be entitled to costs to be taxed as between advocate and client unless the court otherwise orders.(2)This section shall not affect any proceedings by or on behalf of the Government against a local authority.