REPUBLIC OF KENYA

IN THE MATTER OF THE NOTICE TO SUE THE ATTORNEY GENERAL

AND
IN THE MATTER OF A NOTICE UNDER SECTION 13A OF THE GOVERNMENT
PROCEEDINGS ACT (CAP.40) LAWS OF KENYA
AND
IN THE MATTER OF EUNICE ATIENO OWANO (CLAIMANT)

NOTICE
TAKE NOTICE that EUNICE ATIENO OWANO of care of ONSONGO & COMPANY,
ADVOCATES, P.O. BOX 879-40100, KISUMU (hereinafter called “the Claimant”) intends,
(within 30 days from the date of service of this Notice) to institute proceedings in the Chief
Magistrate’s Court at Kisumu against the Attorney-General on behalf of KENYA PRISONS
SERVICE (KPS), a department within the MINISTRY OF INTERIOR AND COORDINATION
OF NATIONAL GOVERNMENT (“the Ministry”) for the sum of Kshs. 14,751,000.00 as
money owed to the Claimant on account of supply and delivery of goods to various facilities in
the said department within the Ministry.
CIRCUMSTANCES GIVING RISE TO LIABILITY
On various occasions, the Claimant herein has supplied and delivered goods to various facilities
of Kenya Prisons Service (KPS), a department within the Ministry of Interior and Coordination
of National Government. The facilities are Kibos Main Prison, Kibos Medium Prison and
Kisumu Main Prison.
To Kibos Main Prison, the Claimant supplied firewood valued at Kshs. 1,189,000.00, beans
valued at Kshs. 1,000,000.00, rice valued at Kshs. 820,000.00, oranges valued at Kshs.
750,000.00 English potatoes valued at Kshs. 350,000.00. Therefore, total supply and delivery of
goods to Kibos Main Prison amounts to Kshs, 4,109,000.00
To Kibos Medium Prison, the Claimant supplied firewood valued at Kshs. 1,242,000.00 and
beans valued at Kshs. 550.000.00. Therefore, total supply and delivery of goods to Kibos
Medium Prison amounts to Kshs, 1,792,000.00
To Kisumu Main Prison, the Claimant supplied firewood valued at Kshs. 8,850,000.00 being the
total supply and delivery of goods to the said facility.
The total amount of money owed to the Claimant by the Ministry of Interior and Coordination of
National Government for the supply and delivery of goods to the aforementioned facilities is
therefore, Kshs. 14,751,000.00.

The said Ministry has refused, ignored and/or neglected to settle the said amount owed to the
Claimant.

The Claimant intends to institute recovery proceedings in a court of law unless the said amount
(Kshs. 14,751,000.00) is paid in full within the next thirty (30) days from the date hereof.
DATED at KISUMU this………………….…..day of ………………………..……………2018

ONSONGO & COMPANY

(ADVOCATES FOR THE CLAIMANT)

DRAWN & FILED BY:-

ONSONGO & COMPANY
ADVOCATES,
RE-INSURANCE PLAZA, 1ST FLOOR,
P.O. BOX 879-40100,
KISUMU.

TO BE SERVED UPON:-
1. THE ATTORNEY GENERAL,
PROSPERITY HOUSE, 6TH FLOOR,
P.O. BOX 1902-40100,
KISUMU.
2. THE PRINCIPAL SECRETARY,
MINISTRY OF INTERIOR AND COORDINATION OF NATIONAL
GOVERNMENT,
STATE DEPARTMENT OF COORDINATION,
TELEPOSTA TOWERS,
P.O. BOX 30478-00100,
NAIROBI.