Suing the Judiciary

I would like to know if the High Court or subordinate Court can be sued for recovery of the Court fees it has overcharged which it refuses to refund after several demands. What is the procedure for suing the Court and which Court has jurisdiction to hear a case against the Court? I also want to institute a constitutional petition in Court for violation of my rights. Am I required to notify anyone of my intention to sue?
PP, Mwanza

A Court can be sued just like any other government department. A suit against the Court is treated like a government suit and has to follow the procedure laid down under the Government Proceedings Act [Cap. 5 R.E 2019] as amended by Act No.1 of 2020. As per section 6 of the Government Proceedings Act, the claimant must first give 90 days’ notice of intention to sue the Judiciary. The notice must be addressed to the Chief Court Administrator and a copy of it served on the Attorney General and the Solicitor General. The notice of intention to sue should specify the basis of claim against the Judiciary. After the expiration of 90 days’ notice a suit can be brought against the Judiciary and the Attorney General should be joined as a necessary party. Failure to join the Attorney General renders the suit incompetent.

Since Judiciary is treated like a government department and a suit against it must be instituted in the High Court irrespective of the amount involved in the suit.

However constitutional petitions are not governed by the Government Proceedings Act, thus their institution does not require giving notice of intention to sue the Government as is normally done in civil suits. Procedure for institution of constitutional petitions is prescribed under the Basic Rights and Duties Enforcement Act and the Rules made thereunder.