CIVIL LITIGATION DEPARTMENT

CIVIL LITIGATION DEPARTMENT The Civil Litigation Department represents the national government in all civil matters or in any other legal proceedings to which the national government is a party to such as arbitrations and other alternative dispute resolution (ADR) mechanisms. The Department also provides legal advice to government Ministries, Departments and State agencies. FUNCTIONS AND RESPONSIBILITIES: 1. Provide legal advice to all MDAs and state corporations in all civil and constitutional matters 2. To conduct of civil and constitutional cases instituted by and against ministries, departments and agencies; 3. To vet and review all draft documents concerning cases filed or to be filed in courts of law and tribunals; 4. Prepare counter affidavits and/or Affidavits in civil proceedings by or against the Government or in proceedings where the Government has an interest; 5. To prepare and institute suits/claims in the subordinate court, High Court, Court of Appeal, Supreme Court and arbitral Tribunals on behalf of the Government including the East African Court of Justice and African Human and Peoples Rights Commission; 6. To provide legal expertise to the Government, on the preparation, formulation and litigation of civil cases; and 7. File and argue civil appeals in the High Court, Court of Appeal and Supreme Court of Kenya. 8. To conduct or supervise arbitration proceedings and other forms of Alternative Dispute Resolutions on behalf of the Government in arbitral bodies both within and outside Kenya; 9. Prepare affidavits and or counter Affidavits in applications that arise in the course of Arbitrations by or against the Government; 10. Advice the Government and other public institutions on matters relating to arbitrations; 11. Argue applications in the High Court relating to registration of arbitral awards involving the Government; and 12. Provide legal consultation to MDAs on arbitrations. 13. Represent county governments in civil matters (where assistance is sought by the county government excluding matters brought by the county government against the national government 14. Facilitate settlement of civil claims 15. Handle public interest litigation