Search court decisions

…On whether sections 13 and 21 of Government proceedings Act and Order 10 of the Civil procedure Rules are applicable to the appellant.…

…proceedings Act (CAP 40) provides ‘’ 21.…

…On whether sections 13 and 21 of Government proceedings Act and Order 10 of the Civil procedure Rules are applicable to the appellant.…

…proceedings Act (CAP 40) provides ‘’ 21.…

…The same reasoning may be employed with respect to section 4(5) of the Government Proceedings Act.…

…Accordingly section 4(5)of the Government Proceedings Act precludes proceedings against the Government in respect of all such acts.…

…Proceedings Act [Cap. 40 — Laws of Kenya].…

…Proceedings Act.…

…Proceedings Act [Cap. 40 — Laws of Kenya].…

…Proceedings Act.…

…The Applicants further aver that the attached properties are wholly owned by the Government, and that the execution process violated Section 21 of the Government Proceedings Act and Order 29 Rule 2(2)(b) of the Civil Procedure…

…The Respondent further argues that Kisii National Polytechnic is not Government, but a body corporate and a parastatal, capable of owning property and being sued, and that Section 21 of the Government Proceedings Act does…

…The Appellant’s case is that the impugned ruling contravenes the provisions of Section 21 of the Government Proceedings Act, Cap. 40 (GPA) and Order 29 Rule 2 of the Civil Procedure Rules (CPR) which prohibit execution by…

…I have carefully considered the Record of Appeal and the parties’ rival submissions, I find that the following issues arise for my determination: - Whether Section 21 of the Government Proceedings Act and Order 29 Rule 2…

…He submits that the respondent should have sought execution in accordance with the Government Proceedings Act, Cap 40, Laws of Kenya.…

…The Government Proceedings Act, Cap 40, Laws of Kenya, has been cited.…

…The Appellant’s case is that the impugned ruling contravenes the provisions of Section 21 of the Government Proceedings Act, Cap. 40 (GPA) and Order 29 Rule 2 of the Civil Procedure Rules (CPR) which prohibit execution by…

…I have carefully considered the Record of Appeal and the parties’ rival submissions, I find that the following issues arise for my determination: - Whether Section 21 of the Government Proceedings Act and Order 29 Rule 2…

…The Appellant’s case is that the impugned ruling contravenes the provisions of Section 21 of the Government Proceedings Act, Cap. 40 (GPA) and Order 29 Rule 2 of the Civil Procedure Rules (CPR) which prohibit execution by…

…I have carefully considered the Record of Appeal and the parties’ rival submissions, I find that the following issues arise for my determination: - Whether Section 21 of the Government Proceedings Act and Order 29 Rule 2…

…County Government Official Motor Vehicles in a purported execution process that is unknown to law, ex facie defective ab initio, utterly vexatious and expressly prohibited in statute, vide section 21 (4) and (5) of the Government…

…Proceedings Act [Cap. 40 — Laws of Kenya].…

…, dated 3rd November 2025 the applicant seeks for orders that: 1) …Spent. 2) THAT this Honourable Court be pleased to issue a Certificate of Order for Payment against the Government, in accordance with Section 21 of the Government…

…Proceedings Act (Cap 40), in favour of the Applicant, Daniel Kiprugut Kipyegon, arising from the judgment and decree in HCJR 146 of 2019, Danie/ Kiprugut Kipyegon v.…

…The law cited to Mr Justice Gicheru included section 6 Judicature Act (Cap 8), section 4(5) Government Proceedings Act (Cap 40) and Davis & Shirtliff Ltd v AttorneyGeneral, Court of Appeal 21 of 1978.…

…At paragraph 16 and 17 of the ruling, the court stated as follows; Section 21(4) of the Government Proceedings Act provides as follows: 16―Save as aforesaid, no execution or attachment or process in the nature thereof shall…

…Authority & 2 Others, [2015] eKLR and Greenstar Systems Limited v Kenyatta International Convention Centre (KICC) & 2 Others, [supra] eKLR, which also buttressed the position that State Corporation are not subject to the Government…

…law and there are many decided cases in support of the proposition…” [10] Service on the Government is provided for in Order 5 Rule 9 as follows: The provisions of this Order shall have effect subject to section 13 of the Government…

…Proceedings Act (Cap. 40), which provides for the service of documents on the Government for the purpose of or in connection with civil proceedings by or against the Government.…

…Appellant further submitted that the injunctive orders issued by the trial court against the police, amounted to the court preventing the police from undertaking their lawful duty and is contrary to the provisions of the Government…

…Proceedings Act which stipulates that no injunctive orders can be issued against the government.…

…The Plaintiff thought D.W.1 is an employee of the Government of Kenya, the Plaintiff instituted this suit against the Defendant, the Attorney-General, under and in accordance with the provisions of section 12 of the Government…

…Proceedings Act.…

…to subrule (6) (b) is required to sign and affix a stamp or seal of the corporation on the original document in acknowledgment of service. (7) This rule applies with necessary modifications, subject to section 13 of the Government…

…Proceedings Act, to service of documents on the Government for the purpose of, or in connection with, civil proceedings against the Government Though the Small Claims Act and the small claims court rules are more recent,…

…. - Statutory notice dated 24th January, 2018 pursuant to Section 13A of the Government Proceedings Act. - Letter of appointment dated 27th February, 2015. - Promotion letter dated 29th April, 2015. - Letter from Central…