How to sue the government or the police, and how long you have
Public Authorities Limitation Act; Government Proceedings Act; National Police Service Act · sources read 5 Oct 2026
You have 12 months to sue the government over a wrong (a tort, such as wrongful arrest or injury by police) and 3 years over a contract. First serve a written notice on the government and wait 30 days, then file the case against the Attorney-General.
- Deadline
- Wrongs (tort), like wrongful arrest or injury: within 12 months
- Deadline
- Contract claims against the government: within 3 years
- Deadline
- Notice before suing: 30 days
- Where
- Serve the written notice on the government, then file the case in court against the Attorney-General: online on Judiciary e-filing (efiling.court.go.ke) or at the court registry
What you need
- Written notice of intention to sue (Third Schedule form): your names and residence, the date it happened, the department and any officer you will sue, the facts, and what you are claiming
Steps
- Serve a written notice of your intended case on the government, in the prescribed form, and wait 30 days.
- File the case against the Office of the Attorney-General, who is sued on behalf of the government.
- You can file online on the Judiciary e-filing platform (efiling.court.go.ke).
- If your constitutional rights were violated, you can also go to court under the Bill of Rights (a constitutional petition).
Watch out
- The Court of Appeal has held that a case filed without fully following the 30-day notice rule should not be struck out for that alone.
- You can't sue the government over things done in a judicial role or while carrying out court process.
- The 12-month and 3-year limits also apply when you sue the Attorney-General, a government department, or a public officer acting in that role.
- The Act's "local authority" means the old municipal, county, town and urban councils. It was written before county governments existed and does not mention them, so get legal advice on time limits before suing a county government.
Who this covers
- Anyone whose rights are violated by a police officer is entitled to redress and compensation, as decided by a court, tribunal or other authority.
- The government can be sued for wrongs done by its officers or agents, just like a private person.
Official sources (6)
- Public Authorities Limitation Act (Cap. 39) new.kenyalaw.org · read 5 Oct 2026
- Government Proceedings Act (Cap. 40) new.kenyalaw.org · read 2 Oct 2026
- Ngugi v Attorney General (Civil Appeal 297 of 2004) [2016] KECA 372 (KLR) new.kenyalaw.org · read 2 Oct 2026
- National Police Service Act (No. 11A of 2011) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Judiciary e-Filing FAQs judiciary.go.ke · read 2 Oct 2026