READ ON DEMAND NOTICES VS NOTICE OF INTENTION TO SUE!!!!
SAMPLE NOTICE OF INTENTION TO SUE- THE ATTORNEY GENERAL
REPUBLIC OF KENYA
IN THE MATTER OF THE GOVERNMENT PROCEEDING ACT, CAP 40 LAWS OF KENYA
AND
IN THE MATTER OF THE OFFICE OF THE PRESIDENT PROVINCIAL ADMINISTRATION
NOTICE OF INTENTION TO SUE THE ATTORNEY GENERAL
(Section 13A of the Government Proceedings Act, Cap 40 Laws of Kenya)
TAKE NOTICE that ...ABC…. Care of ….XYZ & CO ADVOCATES, 4TH FLOOR ….PLAZA, P. O.
BOX 1234, KISUMU in the Republic of Kenya (hereinafter called the plaintiff) intend to institute legal
proceedings against the Attorney General in the Principal Magistrate Court at Kisumu on behalf of the
President Provincial Administration.
CIRCUMSTANCES
That on on or about the month of November, 2019 the Plaintiff was arrested and thereafter charged in the
Principal Magistrate's Court at Kisumu at KMCC Criminal Case No 123 of 2019 with the offense of theft
contrary to Section 275 of the Penal Code.
The Plaintiff stood this trial which was prosecuted by the prosecution on behalf of the 1st Defendant at
the behest and instance of the 2nd Defendant but the Court found the evidence to be unbelievable and
acquitted the accused.
As a result of the aforesaid detention, the Plaintiff has suffered loss, mental and psychological suffering.
RELIEF SOUGHT
a) General damages for illegal confinement and malicious prosecution.
b) General damages for defamation.
c) Compensation for loss of income computed at Ksh 500/- …….together with costs of defending
the suit at Kshs 60,000/-
d) Costs of the suit.
e) Interest on all the above at courts rates.
DATED at KISUMU this……………………day of ………………………….2019.
XYZ ADVOCATES
ADVOCATES FOR THE PLAINTIFF
DRAWN AND FILED BY:
TO BE SERVED UPON: