THE GOVERNMENT PROCEEDINGS ACT

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CHAPTER 5
THE GOVERNMENT PROCEEDINGS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
SUBSTANTIVE LAW
3. Liability of Government in civil proceedings.
4. Application of law as to indemnity and contribution.
5. Saving in respect of acts done under statutory powers.
part iii
JURISDICTION AND PROCEDURE
6. Civil proceedings against Government, etc.
7. Power of Attorney General to intervene suits.
8. Civil proceedings against Government to be instituted only in High Court.
9. Application of general law of procedure.
10. Interpleader.
11. Attorney General or other designated officers to be parties to proceedings.
12. Transfer of proceedings where set-off or counter claim is made.
13. Nature of relief.
14. Costs in civil proceedings to which Government is party.
15. Appeals and stay of execution.
part iv
JUDGEMENTS AND EXECUTION
16. Interest.
17. Satisfaction of orders against Government.
18. Execution by Government.

eals and stay of execution.
part iv
JUDGEMENTS AND EXECUTION
16. Interest.
17. Satisfaction of orders against Government.
18. Execution by Government.

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
part v
OTHER PROVISIONS
19. Discovery.
20. Right of Government to rely on existing laws.
21. Limitation of actions.
22. Rules.
23. Pending proceedings.
24. Repeal.
25. Savings.

. Discovery.
20. Right of Government to rely on existing laws.
21. Limitation of actions.
22. Rules.
23. Pending proceedings.
24. Repeal.
25. Savings.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Government Proceedings Act. 2.–(1) In this Act, unless the context otherwise requires-
“agent” when used in relation to the Government, includes
an independent contractor employed by the Government;
“civil proceedings” include proceedings in the High Court or
a magistrate’s court for the recovery of fines or penalties;
“Minister” means the Minister responsible for legal affairs;
“officer” in relation to the Government includes the
President, a Minister and any servant of the Government;
“proceedings against the Government” include a claim by
way of set-off or counterclaim raised in proceedings
initiated by the Government;
“statutory duty” means a duty imposed by or under any
written law.

y
way of set-off or counterclaim raised in proceedings
initiated by the Government;
“statutory duty” means a duty imposed by or under any
written law.

(2) A reference in Part IV or Part V to civil proceedings by
or against the Government, or to civil proceedings to which
the Government is a party, shall be construed as including a
Short title
Interpretation
CHAPTER 5
THE GOVERNMENT PROCEEDINGS ACT
An Act to provide for the rights and liabilities of the Government in
civil matters, for the procedure in civil proceedings by or against the
Government and for related matters. [1st January, 1975]
[GN. No. 308 of 1974]
Acts Nos. 16 of 1967
40 of 1974
30 of 1994
11 of 2019
1 of 2020
4 of 2021

overnment and for related matters. [1st January, 1975]
[GN. No. 308 of 1974]
Acts Nos. 16 of 1967
40 of 1974
30 of 1994
11 of 2019
1 of 2020
4 of 2021

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
reference to civil proceedings to which the Attorney General,
or any officer of the Government, is a party:
Provided that, the Government shall not, for the purposes
of Part IV or Part V, be deemed to be a party to any proceedings
by reason only that they are brought by the Attorney General
upon the relation of some other person. PART II
SUBSTANTIVE LAW
3.–(1) Subject to the provisions of this Act and any other
written law, the Government shall be subject to those liabilities
in contract, quasi-contract, detinue, tort and in other respects
to which it would be subject, if it were a private person of full
age and capacity and, subject as aforesaid, any claim arising
therefrom may be enforced against the Government in
accordance with the provisions of this Act.

capacity and, subject as aforesaid, any claim arising
therefrom may be enforced against the Government in
accordance with the provisions of this Act.

(2) Proceedings shall not lie against the Government in tort
in respect of any act or omission of a servant or agent of the
Government unless the act or omission would, but from the
provisions of this Act, have given rise to a cause of action in
tort against that servant or agent or his estate. (3) Where the Government is bound by a statutory duty which
is binding also upon persons other than the Government and its
officers, then the Government shall, subject to the provisions
of this Act, in respect of a failure to comply with that duty, be
subject to those liabilities in tort, if any, to which it would be
subject if it were a private person of full age and capacity. (4) Where any functions are conferred or imposed upon an
officer of the Government either by any rule of the common
law or by any written law and that officer commits a tort
while performing or purporting to perform those functions,
the liability of Government in respect of the tort shall be as
it would have been if those functions had been conferred or
imposed solely by virtue of instructions lawfully given by the
Government. Liability of
Government in
civil proceedings

unctions had been conferred or
imposed solely by virtue of instructions lawfully given by the
Government. Liability of
Government in
civil proceedings

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
(5) Proceedings shall not lie against the Government by
virtue of this section in respect of anything done or omitted
to be done by any person while discharging or purporting to
discharge any responsibilities of a judicial nature vested in him
or any responsibilities which he has in connection with the
execution of judicial process. 4. Where the Government is subject to any liability by virtue of
this Part, the law relating to indemnity and contribution shall
be enforceable by or against the Government in respect of the
liability to which it is a subject as if the Government were a
private person of full age and capacity. 5. This Part shall not extinguish or abridge any powers or
authorities which, but for this Act, would have been exercised
by virtue of any powers or authorities conferred on the
Government by any written law.

authorities which, but for this Act, would have been exercised
by virtue of any powers or authorities conferred on the
Government by any written law.

PART III
JURISDICTION AND PROCEDURE
6.–(1) Notwithstanding any other provision of this Act, civil
proceedings may be instituted against the Government subject
to the provisions of this section. (2) A suit against the Government shall not be instituted,
and heard unless the claimant previously submits to the
Government, Minister, department or officer concerned,
a notice of not less than ninety days of his intention to sue
the Government, specifying the basis of his claim against
the Government, and he shall send a copy of his claim to the
Attorney General and the Solicitor General. (3) The suits against the Government shall, upon the expiry
of the notice period, be brought against the Government,
ministry, government department, local government authority,
executive agency, public corporation, parastatal organisation
or public company that is alleged to have committed the
Application
of law as to
indemnity and
contribution
Saving in respect
of acts done
under statutory
powers
Civil proceedings
against
Government, etc. Acts Nos. 40 of 1974 s. 2
30 of 1994 s. 2
11 of 2019 s. 21
1 of 2020 s. 25

acts done
under statutory
powers
Civil proceedings
against
Government, etc. Acts Nos. 40 of 1974 s. 2
30 of 1994 s. 2
11 of 2019 s. 21
1 of 2020 s. 25

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
civil wrong on which the civil suit is based, and the Attorney
General shall be joined as a necessary party. (4) Non-joinder of the Attorney General as prescribed
under subsection (3) shall vitiate the proceedings of any suit
brought in terms of subsection (3). (5) The suits against the Government shall be instituted in
the High Court by delivering a claim in the Registry of the
High Court within the area where the claim arose. (6) Notwithstanding the provisions of subsection (3), the
Attorney General may, unless another person ought to be
sued, be sued or be joined as a co-defendant in proceedings
against the Government. (7) The Attorney General may, where necessary, give
instructions to the Solicitor General to proceed or terminate
any proceedings instituted by the Government and which is
pending in court of law, and state the reasons thereof.

itor General to proceed or terminate
any proceedings instituted by the Government and which is
pending in court of law, and state the reasons thereof.

(8) The provisions of the Public Officers (Recovery of Debts)
Act, shall apply to any officer who occasions the Government
to incur loss, costs or damages as a result of his failure to obtain
legal representation in the suit. 7.–(1) The Attorney General shall, through the Solicitor
General, have the right to intervene in any suit or matter
instituted by or against the ministries, local government
authorities, independent departments and other government
institutions. (2) Where the Attorney General intervenes in any matter
in pursuance of subsection (1), the provisions of this Act,
shall apply in relation to the proceedings of that suit or matter
as if it had been instituted by or against the ministries, local
government authorities, independent departments and other
government institutions:
Provided that, the requirement of ninety days notice of
intention to sue the Government as stipulated under this Act
shall not apply where the Attorney General intervenes under
this section. Cap. 76
Power of
Attorney General
to intervene suits
Act No. 11 of 2019 s. 22

hall not apply where the Attorney General intervenes under
this section. Cap. 76
Power of
Attorney General
to intervene suits
Act No. 11 of 2019 s. 22

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
(3) Notwithstanding the provisions of any written law, a
ministry, local government authority, independent department
or other government institution shall have a duty to notify
the Attorney General of any impending suit or intention to
institute a suit or matter against the Authority. [s. 6A]
8. Notwithstanding any other written law, a civil proceedings
against the Government may not be instituted in any court
other than the High Court. [s. 7]
9. Subject to the provisions of this Act, the civil proceedings by
or against the Government shall be instituted and proceeded
with in accordance with the procedure applicable in like
proceedings between private persons. [s. 8]
10. The Government may institute or be made a party to
interpleader proceedings in the same manner in which a
private person may institute the proceedings or be made a
party thereto and may be made a party to the proceedings
notwithstanding that the proceedings have been instituted by
a court broker or other like officer. [s. 9]
11.

d may be made a party to the proceedings
notwithstanding that the proceedings have been instituted by
a court broker or other like officer. [s. 9]
11.

Subject to the provisions of any other written law, civil
proceedings by or against the Government shall be instituted
by or against the Attorney General:
Provided that, the Minister may, by order published in the
Gazette, direct that, any particular civil proceedings or class of
civil proceedings be instituted by any officer designated in the
order instead of by the Attorney General. [s. 10]
Civil proceedings
against
Government to
be instituted only
in High Court
Act No. 40 of 1974 s. 3
Application of
general law of
procedure
Interpleader
Attorney
General or other
designated
officers to
be parties to
proceedings

ct No. 40 of 1974 s. 3
Application of
general law of
procedure
Interpleader
Attorney
General or other
designated
officers to
be parties to
proceedings

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
12. Where in any case proceedings have been instituted by the
Government in a magistrate’s court and the defendant satisfies
the court that-
(a) he has a claim against the Government;
(b) he has obtained consent under section 6 for pursuing
his claim against the Government; and
(c) the claim against the Government may conveniently
be pursued by way of set-off or counter-claim in the
proceedings instituted by the Government,
the magistrate’s court shall transfer the proceedings to the
High Court for trial. [s. 11]
13. In any civil proceedings by or against the Government, the
court shall, subject to the provisions of this Act, have power to
make orders as it has power to make in proceedings between
private persons and otherwise to give appropriate relief as the
case may require. [s. 12]
14.

ke orders as it has power to make in proceedings between
private persons and otherwise to give appropriate relief as the
case may require. [s. 12]
14.

In any civil proceedings to which the Government is a
party, the costs of and incidental to the proceedings shall be
awarded in the same manner and on the same principles as
in cases between private persons and the court shall have
power to make an order for the payment of costs by or to the
Government accordingly:
Provided that-
(a) in the case of proceedings to which by reason of any
law or otherwise, the Attorney General, a government
department or any officer of the Government is
authorised to be made a party, the court shall have
regard to the nature of the proceedings and the character
and circumstances in which the Attorney General, the
department or the officer of the Government appears,
and may in the exercise of its discretion order any
other party to the proceedings to pay the costs of the
Transfer of
proceedings
where set-off or
counter claim is
made
Act No. 40 of 1974 s. 3
Nature of relief
Act No. 30 of 1994 s. 3
Costs in civil
proceedings
to which
Government is
party

-off or
counter claim is
made
Act No. 40 of 1974 s. 3
Nature of relief
Act No. 30 of 1994 s. 3
Costs in civil
proceedings
to which
Government is
party

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
Attorney General, department or officer, whatever may
be the result of the proceedings; and
(b) this section shall not affect the power of the court to
order or any law providing for the payment of costs out
of any particular fund or property, or any law expressly
relieving any department or officer of the Government
of the liability to pay costs. [s. 13]
15. Subject to the provisions of this Act, any written law
relating to appeals and stay of execution shall, with necessary
modifications, apply to civil proceedings by or against the
Government as it applies to proceedings between private
persons. [s. 14]
PART IV
JUDGEMENTS AND EXECUTION
16.–(1) The provisions of any written law relating to the
payment of interest where a decree is for the payment of money
and the payment of interest on costs shall apply in the case of
Government as they do in the case of a private person. (2) [Omitted]. [s.

ent of money
and the payment of interest on costs shall apply in the case of
Government as they do in the case of a private person. (2) [Omitted]. [s.

15]
17.–(1) Where in any civil proceedings by or against the
Government, any order including an order as to costs is made
by a court in favour of a person against the Government or
against an officer of the Government, the proper officer of
the court shall, on an application in that behalf made by or
on behalf of that person, issue to that person a certificate
containing particulars of the order:
Provided that, where the court directs, a separate certificate
shall be issued with respect to the costs ordered to be paid to
the applicant. Appeals and stay
of execution
Interest
Satisfaction of
orders against
Government
Acts Nos. 1 of 2020 s. 26
4 of 2021 s. 11

o be paid to
the applicant. Appeals and stay
of execution
Interest
Satisfaction of
orders against
Government
Acts Nos. 1 of 2020 s. 26
4 of 2021 s. 11

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
(2) Where the order provides for the payment of money by
way of damages or other relief, or of costs, the certificate shall
state the amount payable and the Permanent Secretary to the
Treasury or other Government accounting officer as may be
appropriate shall, subject as hereinafter provided, pay to the
person entitled or his advocate, the amount appearing in the
certificate to be due to him together with any interest lawfully
due thereon:
Provided that, the court by which any order as is mentioned
in this section is made or any court to which an appeal against
the order lies may, where it considers it reasonable to do so,
direct that, pending an appeal or other legal proceedings,
payment of the whole or part of any amount payable shall be
suspended and where the certificate has not been issued may
order any directions to be inserted therein.

whole or part of any amount payable shall be
suspended and where the certificate has not been issued may
order any directions to be inserted therein.

(3) Save as is provided in this section, an execution,
attachment or similar process shall not be issued out of any
court for enforcing payment by the Government of any money
or costs referred to in this section, and a person shall not be
individually liable under any order for payment of money or
cost by the Government or any government department or any
officer of the Government. (4) Notwithstanding subsection (3), where there is an
agreement that provides for special arrangement relating
to the execution, attachment or similar process and the
arrangement has been approved by the Cabinet, the Court
may, in the enforcement of financial obligation arising out of
the agreement, issue an order for execution, attachment or
similar process:
Provided that, the execution, attachment, or similar process
is issued against the property which is connected with the
agreement. (5) For the purposes of subsection (3), the word “Government”
shall include a Government, ministry, local government
authority, independent department, executive agency, public
corporation, parastatal organisation or a public company

nment, ministry, local government
authority, independent department, executive agency, public
corporation, parastatal organisation or a public company

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
established under any written law to which the Government is
a majority shareholder. (6) [Omitted]. [s. 16]
18.–(1) Subject to the provisions of this Act, any order made
in favour of the Government against any person in any civil
proceedings to which the Government is a party may be
enforced in the same manner as an order made in an action
between private persons. (2) [Omitted]. (3) This section shall not affect any procedure which
immediately before commencement of this Act was available
for enforcing an order made in favor of the Government
for the recovery of any fine or penalty or the forfeiture or
condemnation of good or the forfeiture of any ship or any
share in ship. [s.

e Government
for the recovery of any fine or penalty or the forfeiture or
condemnation of good or the forfeiture of any ship or any
share in ship. [s.

17]
PART V
OTHER PROVISIONS
19.–(1) Subject to and in accordance with any written law-
(a) in any civil proceedings in the High Court or a
magistrate’s court to which the Government is a party,
the Government may be required by the court to make
discovery of documents and produce documents for
inspection; and
(b) in any proceedings as are mentioned in paragraph
(a), the Government may be required by the court to
answer interrogatories:
Provided that, this section shall be without prejudice to any
law or rule of law which authorises or requires the withholding
of any document or the refusal to answer any question on the
ground that, the disclosure of the document or the answering
of the question would be injurious to the public interest. Execution by
Government
Act No
1 of 2020 s. 26
Discovery

e of the document or the answering
of the question would be injurious to the public interest. Execution by
Government
Act No
1 of 2020 s. 26
Discovery

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
(2) An order of the court made under the powers conferred
under paragraph (b) of subsection (1) shall direct by what
officer of the Government, the interrogatories are to be
answered. (3) Without prejudice to the proviso of subsection (1), any
rules of court made for the purposes of this section shall be
as to secure that the existence of a document is not disclosed
if in the opinion of a Minister, it would be injurious to public
interest to disclose the existence thereof. [s. 18]
20. This Act shall not prejudice the right of the Government to
rely on the provisions of any law; and in any civil proceedings
against the Government, the provisions of any law which could,
where the proceedings were between private persons, be relied
upon by the defendant as a defence to the proceedings, whether
in whole or in part may, subject to any express provision to the
contrary, be relied upon by the Government. [s. 19]
21.

e to the proceedings, whether
in whole or in part may, subject to any express provision to the
contrary, be relied upon by the Government. [s. 19]
21.

This Act shall not prejudice the right of the Government to
rely upon any written law relating to the limitation of time for
bringing proceedings. [s. 20]
22.–(1) The Chief Justice may make rules for the purpose of
giving effect to the provisions of this Act, and the rules may
contain provisions to have effect in relation to any proceedings
by or against the Government in substitution for or by way
of addition to any of the provisions regulating procedure in
proceedings between private persons. (2) Provisions shall be made in rules made under subsection
(1) with respect to the following matters:
(a) securing that, where civil proceedings are brought
against the Government in accordance with the
provisions of this Act, the plaintiff shall, before
the Government is required to take any step in the
Right of
Government to
rely on existing
laws
Limitation of
actions
Rules

he plaintiff shall, before
the Government is required to take any step in the
Right of
Government to
rely on existing
laws
Limitation of
actions
Rules

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E.

. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.207
THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E.

2023]
proceedings, provide the Government with information
as the Government may reasonably require as to the
circumstances in which it is alleged that, the liability of
the Government has arisen and as to the departments
and officers of the Government concerned;
(b) providing that, in the case of proceedings against the
Government, the plaintiff shall not enter judgement
against the Government in default of appearance or
pleading without the leave of the court to be obtained
on an application of which notice has been given to the
Government;
(c) excluding proceedings brought against the Government
from the operation of any rule of court providing for
summary judgement without trial, and enabling any
proceedings to be entered, where appropriate, into
any special list which may be kept for the trial of short
causes in which leave to defend is given under any rule
of court as is referred to in this paragraph; and
(d) providing that, a person shall not be entitled to avail
himself of any set-off or counter-claim in any proceedings
by the Government for the recovery of taxes, duties or
penalties, or to avail himself in proceedings of any other
nature by the Government of any set-off or counter-
claim arising out of a right or claim to repayment in
respect of any taxes, duties or penalties.

r
nature by the Government of any set-off or counter-
claim arising out of a right or claim to repayment in
respect of any taxes, duties or penalties.

(3) Rules, including the Government Proceedings
(Procedure) Rules, made under subsection (1) in relation to
the Civil Procedure Rules shall be read and construed as one
with the Civil Procedure Rules and have the same effect as
rules made under the Civil Procedure Code. [s. 21]
23. Except as is otherwise in this Act expressly provided, the
provisions of this Act shall not affect proceedings which have
been instituted before the commencement of this Act. [s. 22]
Cap. 33
Pending
proceedings

rovisions of this Act shall not affect proceedings which have
been instituted before the commencement of this Act. [s. 22]
Cap. 33
Pending
proceedings

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THE GOVERNMENT PROCEEDINGS ACT [CAP. 5 R.E. 2023]
24. [Repeals the Government Proceedings Act.]
[s. 23]
25.–(1) Except as otherwise expressly provided in this Act, this
Act shall not-
(a) subject the Government to any greater liability in
respect of the acts or omissions of any independent
contractor employed by the Government than that to
which the Government would be subject in respect of
the acts or omissions if it were a private person;
(b) affect any written law, rule of evidence or presumption
relating to the extent to which the Government is
bound by any law; or
(c) affect any liability imposed on the Administrator-
General under the Administrator-General (Powers and
Functions) Act or the Public Trustee under the Public
Trustee Act.

y imposed on the Administrator-
General under the Administrator-General (Powers and
Functions) Act or the Public Trustee under the Public
Trustee Act.

(2) Where any property vests in the Government by virtue of
any enactment or rule of law which operates independently of
the acts or the intention of the Government, the Government
shall not, by virtue of this Act, be subject to any liability in tort
by reason only of the property being vested, but the provisions
of this subsection shall be without prejudice to the liability of
the Government under this Act in respect of any period after
the Government or any person acting for the Government has
in fact taken possession or control of any property or entered
into occupation thereof. (3) This Act shall not operate to limit the discretion of the
court to grant relief by way of mandamus in cases in which the
relief might have been granted before the commencement of
this Act, notwithstanding that by reason of the provisions of
this Act, some other and further remedy is available. [s. 24]
Repeal
Act No. 16 of 1967
Savings
Cap. 27
Cap. 31