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⚖ Order 50 • 30 Days Section 13A Government Proceedings Act (Cap 40)

30-Day Notice of Intention to Institute Suit Against the Attorney General (Section 13A)

Standard statutory notice period prior to instituting civil proceedings against Government ministries or state departments.

Statutory Window

30 Days

Governed by Section 13A Government Proceedings Act (Cap 40) and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (30 Days)

Standard statutory notice period prior to instituting civil proceedings against Government ministries or state departments.

Key Practice Questions

What happens if the last day of the 30-day period under Section 13A Government Proceedings Act (Cap 40) falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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