Litigation against the government in Kenya can be a challenging process, with potential obstacles including immunity, proving the case, lengthy process, political interference, and cost. It is important for litigants to seek the advice of experienced advocates and prepare themselves for the challenges that they may face during the litigation process.
Procedures:
- Filing the Claim: The first step in litigation against the government is to file a claim in court. This can be done by drafting a statement of claim and submitting it to the appropriate court.
- Service of Process: Once the claim has been filed, the litigant must serve the government with the claim. This can be done by delivering a copy of the claim to the relevant government department or official.
- Discovery: Both parties are required to disclose all relevant documents and information in their possession during the discovery process. This helps to ensure that all evidence is available to the court during the trial.
- Trial: The trial process is similar to that in any other civil case. Both parties present their evidence and arguments to the court, and the judge makes a ruling.
Challenges:
- Immunity: The government enjoys certain immunities that may limit a litigant’s ability to sue. For example, the government may claim sovereign immunity, which means that it cannot be sued without its consent.
- Proving the Case: Litigants may find it challenging to prove their case against the government, particularly when it comes to proving negligence or wrongdoing.
- Lengthy Process: Litigation against the government can be a lengthy process, with cases often taking several years to conclude. This can be particularly challenging for litigants who are seeking justice and a timely resolution to their dispute.
- Political Interference: Litigants may encounter political interference in their case, particularly in cases that involve sensitive political issues or powerful government officials.
- Cost: Litigation against the government can be expensive, particularly for individuals who do not have access to legal aid or other forms of financial support.