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{
    "id": 301322,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/301322/?format=api",
    "text_counter": 14,
    "type": "speech",
    "speaker_name": "Prof. Muigai",
    "speaker_title": "The Attorney-General",
    "speaker": {
        "id": 408,
        "legal_name": "Githu Muigai",
        "slug": "githu-muigai"
    },
    "content": " Mr. Deputy Speaker, Sir, I beg to reply. On 20th August, 1992, the daughter of Mrs. Lydia Muhonja Mumia was knocked down by a Government vehicle registration number GK 563P, causing her severe injuries. On 12th March, 1993 the plaintiff served the Attorney-General with a notice of intention to sue that was dated 8th March, 1993. The Attorney-General called for instructions on 16th March, 1993 from the relevant Ministry which was the Ministry of Livestock Development. On 24th March, in the same year, the Ministry issued instructions to the Provincial State Counsel, Western Province admitting that the vehicle that had caused the accident belonged to the Ministry but was stationed in Nairobi. A plaint was filed on 17th August, 1993, and the same was served upon the Attorney-General together with summons to enter appearance. The Attorney-General entered appearance on December, 1993 and filed his defence on 18th October, 1994. The case was heard on 16th December, 1997 and judgment delivered on 24th March, 1998. The plaintiff was awarded Kshs150,000 as general damages and Kshs1,300 as special damages. The costs of the suit were taxed at Kshs38, 575. The Government could not meet the decretal amount without a Certificate of Cost. On 21st July, 2003, my office called for the relevant documents including the Certificate of Order against the Government from the advocate representing the plaintiff. The substantive response to our request for the relevant documents was made on 27th May, 2011, seven years after our request. We immediately requested for funds to settle the decretal amount upon receipt of the documents. The Bill of Costs was filed on 28th February, 2011 and taxed on 30th March, 2011. The Certificate of Order against Government under Section 21 of the Government Proceedings Act was prepared on 5th May, 2011. The matter has been pending action due to the fact that the claimant’s lawyer had failed to prepare a Certificate of Order against the Government as required by law. The amount payable to the plaintiff today is broken down as follows:- 1. General damages"
}