In observance of the rule of law and public interest, the Department facilitates the settlement of court judgments and decrees by requesting for settlement funds from Ministries and Agencies held liable by the Courts.
For settlement of court judgments and decrees, the department undertakes this exercise in accordance with the Government Proceedings Act , Laws of Kenya and accounting procedures as per the Public Finance Management Act
In this regard and so as to request for the settlement funds, the Department requires to be supplied with a copy of the signed and certified court judgment, the decree, certificate of costs and certificate of order against the Government (See section 21 of the Government Proceedings Act).
Requirements for Payment in cases won against the Government:
Where represented by an advocate:
Disclaimer: This is once the funds are transmitted to the Attorney General’s Office in the settlement of judgments and decrees
The Department writes to the Advocates acting for the litigant (person suing) and requests them to provide:-
- Bank details in a form;
- Signed discharge vouchers for the amount being paid;
- Tax compliance certificate;
- Registration of the business (Law Firm);
- Copy of Clients Identity Card;
- IFMIS registration number.
Where the litigant is not represented by an advocate:
Or where the Attorney General is advised in writing by the Advocate on record to pay the litigant directly, the Attorney General’s Office writes to the litigant and requests them to provide:-
- Bank details in a form;
- Signed discharge voucher for the amount being paid;
- Copy of Identity Card
- IFMIS registration number, which the office facilitates acquisition by the payee.
Where the Office of the Attorney General is advised, in writing by the Advocate on record, to pay a portion to the advocate and the balance to the litigant, the above requirements apply to each specific portion of the payment being made.