Case law
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Division and case type: CivilCivil Case
…Statutes Government Proceedings Act, (cap 40) section 12 October 28, 1985, Bhandari J delivered the following Judgment.…
…cases have sued the two employees (first and second defendants) of the Ministry of Tourism and Wildlife as game scouts and the Attorney-General (third defendant) who is made a party to the suit in terms of section 12 of the Government…
Division and case type: High Court Judicial ReviewJudicial Review
…In any event, the savings provisions of the Government Proceedings Act at Section 34 (3) are unequivocal in so far as they provide as follows: 11.…
…To that end, Section 21 (1) and (2) of the Government Proceedings Act, Cap 40 provides as follows: "Where in any civil proceedings by or against the Government, or in proceedings in connection with any arbitration in which…
Division and case type: High Court Judicial ReviewJudicial Review
…The question is therefore whether Ex parte the applicant complied with the elaborate procedure for applying for mandamus under section 21 of the Government Proceedings Act?…
…Proceedings Act.…
Division and case type: High Court Judicial ReviewJudicial Review
…Sections 21 and 25 of the Government Proceedings Act bars any execution against the Government property by way of attachment and sale.…
…This provision is replicated in Order 29 of the Civil procedure Rules, as well as section 25 of the Government Proceedings Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…It claims the absolute protection afforded to government entities under the Government Proceedings Act.…
…It must be read subject to Section 21 of the Government Proceedings Act which states as follows: “Where in any civil proceedings by or against the Government, or in proceedings in connection with any arbitration in which…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…As such, the proclamation and intended attachment and sale is illegal and un-procedural as it contravenes section 21(4) of the Government Proceedings Act.…
…Proceedings Act.…
Division and case type: High Court Judicial ReviewJudicial Review
…Proceedings Act.…
…Equally, section 21 (4) of the Government Proceedings Act prohibits execution against the Government.…
Division and case type: High Court DivJudicial Review
…Execution proceedings against the Government is governed by Section 21 of the Government Proceedings Act and Order 29 rule of the civil procedure Rules .…
…Section 21 of the Government Proceedings Act as follows: “( 1)Where in any civil proceedings by or against the Government, or in proceedings in connection with any arbitration in which the Government is a party, any order…
Division and case type: High Court CivilCivil Case Miscellaneous
…By a Notice of Motion dated 25 th September 2026, brought pursuant to provisions of Section, 3A of the Civil Procedure Act , Section 21 of the Government Proceedings Act and Order 51 Rule 1 of the Civil Procedure Rules ,…
…Pursuant to Section 21 of the Government Proceedings Act , a successful litigant holding a judgment against the government must obtain a Certificate of Order against the Government.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Though the parties did not address the issue, the accounts of a County Government cannot be attached by virtue of section 21 of the Government Proceedings Act (Chapter 40 of the Laws of Kenya) which prescribes the procedure…
…Proceedings Act.…
Division and case type: CHR and JRJudicial Review
…And, as correctly pointed out by the applicant, Section 21(4) of the Government Proceedings Act forbids attachment of government property.…
…Proceedings Act, Order 29 Rule 3 of the Civil Procedure Rules, requires that: “Any application for a certificate under section 21 of the Government Proceedings Act (which relates to satisfaction of orders against the Government…
Division and case type: CHR and JRJudicial Review
…And, as correctly pointed out by the applicant, Section 21(4) of the Government Proceedings Act forbids attachment of government property.…
…Proceedings Act, Order 29 Rule 3 of the Civil Procedure Rules, requires that: “Any application for a certificate under section 21 of the Government Proceedings Act (which relates to satisfaction of orders against the Government…
Division and case type: High Court DivJudicial Review
…Proceedings Act.…
…Proceedings Act.…
Division and case type: High Court CivilJudicial Review
…Section 21 of the Government Proceedings Act provides thus; "21.…
…Section 21 of the Government Proceedings Act provides thus; “21.…
Division and case type: High Court CivilJudicial Review
…Section 21 of the Government Proceedings Act provides thus; "21.…
…Section 21 of the Government Proceedings Act provides thus; “21.…
Division and case type: High Court DivJudicial Review Miscellaneous
…It was submitted that from the foregoing authorities, courts are expected to take caution and to ensure that government proceedings are complied by parties.…
…Proceedings Act.…
Division and case type: High Court DivJudicial Review
…Proceedings Act.…
…It is noted that the 1 st Respondent and the Garnishee have attempted to seek refuge under the Government Proceedings Act. More particularly, Section 21 (4) thereof.…
Division and case type: High Court CivilJudicial Review
…Section 21 of the Government Proceedings Act provides thus; "21.…
…Section 21 of the Government Proceedings Act provides for the procedure for institution of execution against the Government and Section 4 of the Government proceedings Act provides that (1)Subject to the provisions of this…
Division and case type: High Court DivJudicial Review
…That the application is incompetent, fatally and incurably defective for failure to obtain the certificate of costs and certificate of order against the government contrary to section 21 of the Government Proceedings Act.…
…Section 21(1) of the Government Proceedings Act provides as follows: Where in any civil proceedings by or against the Government, or in proceedings in connection with any arbitration in which the Government is a party, any…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…It was submitted that the provisions under which the application is brought Order 29 Rule 3 of the Civil Procedure Rules and section 21 of the Government Proceedings Act cannot substantiate the prayers sought and that they…
…The application is brought under Order 23 Rule 3 of the Civil Procedure Rules 2010 and section 21 of the Government Proceedings Act.…