Nairobi, March 25 -- Absa Bank Kenya can pursue a Sh215.3 million refund from Kenya Deposit Insurance Corporation (KDIC) after the High Court ruled that the law the State firm was using to block the suit was archaic and unconstitutional.

The court has declared sections of the Government Proceedings Act, which requires litigants to notify the Attorney General before filing suits against the government or its agencies, unconstitutional.

Terming Section 13a and Section 21 as a colonial relic that has no place in modern society, Justice Nixon Sifuna ruled that no notice shall be required before instituting a case or permission before executing a judgment or decree against the government or its agencies.

The judge said the laws frustrate ra...