Kenya’s Limitation of Actions Act Chapter 22 of the Laws of Kenya is a law similar to what is popularly referred to as the statute of limitations in the US. It is a pivotal piece of legislation that governs the time limits within which individuals and corporations can initiate legal proceedings. Simply put, it sets a time limit on how long a person has to file a claim in court and is relevant to both plaintiffs and defendants.

In this article, we delve into the key aspects of the Act. We will cover its provisions, implications and challenges.

What is the Statute of Limitations in Kenya?

Kenya’s statute of limitations is the Limitation of Actions Act. It is an Act of Parliament prescribing time limits for various civil actions, and arbitrations and makes provisions concerning the acquisition of easements in land through prescription. Therefore, the primary objective of the Act is to prevent the indefinite threat of litigation, which can hang over individuals or businesses and allow persons entitled to a parcel of land through prescription to claim it.

By setting a time limit on the ability to sue, the Act encourages prompt resolution of disputes or a time limit to enforce one’s rights in a parcel of land. It protects a party from the anxiety of facing stale claims, where evidence may have deteriorated, witnesses have moved, died or their memories have faded.

In a separate article, we delve into land acquisition through prescription.

Several other legislations set the time limit for actions not covered by the Limitations of Actions Act. For example, section 90 of the Employment Act sets the time limit for filing employment cases at three years from the date the cause of action arose. It is also worth noting that the court has no jurisdiction to extend this time limit.

Similarly, the Government Proceeding Act sets the time limitation for suits filed against the government.

Key Provisions of the Act

1. Time Limits for Different Types of Actions

The Act specifies different time limits for various types of actions, including:

• Contractual claims: Generally, a party has six years from the date of the breach to file a lawsuit.
• Tort claims: In most tortious actions, a party must initiate their claim within three years from the date the cause of action arose. This is also often when the injury or damage occurs.
• Libel or Slander: A defamation claim or action must be filed within 12 months.
• Claims related to land: Actions related to land recovery or possession must be initiated within twelve years.
• Actions against a judgment: A party has twelve years to enforce a judgment.

These timeframes ensure that claims are made while evidence and witnesses are still available, promoting fairness in the legal process.

2. Specific Exceptions

The Act also provides specific exceptions where the limitations may be extended or suspended. For instance:

• Fraud or concealment: If a plaintiff can prove that the defendant concealed information pertinent to the case, the time limit may be extended until the plaintiff becomes aware of the fraud.
• Minors and incapacitated persons: The limitation period does not begin to run until a minor reaches the age of majority. For incapacitated persons, it is until that person is no longer incapacitated. Incapacity can either be mental incapacity or physical incapacity such as being hospitalized.
• Negligence: With some negligence specifically professional negligence, the limitation period begins to run when the negligent action is first discovered.

3. Calculation of Time Limits

The calculation of the limitation period is straightforward; it typically begins from the date the cause of action arose. However, in certain situations, the time may be paused or “tolled,” such as during the time the parties are engaged in alternative dispute resolution (ADR) mechanisms like mediation.

Implications of the Limitation of Actions Act

1. Legal Certainty

The Act promotes legal certainty by allowing individuals and businesses to understand the risks associated with potential litigation. Knowing the limitations helps parties to plan accordingly and manage their affairs more effectively.

2. Encouragement of Timely Action

By imposing strict timeframes, the Act encourages parties to act swiftly in enforcing their rights. This timeliness is vital for the efficient functioning of the judicial system, reducing backlog and delays.

3. Protection of Defendants

For defendants, the Act protects against the fear of being sued indefinitely. It ensures that claims are brought forth while evidence is fresh, enabling a fair defence.

What Happens a Case is Filed After Expiry of the Limitation Period?

If a claim is filed after the limitation period has expired, the court may dismiss the case on grounds that it is time-barred. This means that the plaintiff loses the opportunity to have their case heard, regardless of the merits of the claim. In most instances, defendants can also invoke the limitation period as a defence, effectively protecting themselves from litigation on stale claims.

There are, however, cases where exceptions may be made or judicial discretion allowed. An example is where there is an interaction of the Limitation of Actions Act with international laws or claims involving foreign entities. The Limitations of Actions Act primarily governs actions within Kenya, so when a claim filed is affected by foreign or international law, it may be subject to a different statute of limitations based on the laws involved.

In considering whether to grant an extension of time to file a suit, courts consider the following:

• There was a justifiable reason for the delay
• There was no undue delay in filing the application
• The respondent will not suffer any prejudice

Challenges and Considerations

While the Limitation of Actions Act serves important functions, it is not without challenges:

• Complexity of Cases: Some cases can be complex, making it difficult to determine the exact start of the limitation period. This often leads to disputes about whether a claim is time-barred. In such cases, it is necessary to seek legal advice. A lawyer/advocate can help you file an application in court for the court to determine the matter.
• Public Awareness: There is often a lack of awareness among the general public regarding these limitations, leading to missed opportunities for justice. Educating the public about the Limitation of Actions Act and its implications can help reduce this shortfall. There are currently various resources including online platforms such as this, community outreach conducted by legal aid organizations, the Law Society of Kenya, and other educational institutions that conduct workshops and seminars aimed at increasing public awareness.
• Judicial Discretion: Courts have some discretion in applying the limitations, which can lead to inconsistencies in judgments.

Conclusion

The Limitation of Actions Act plays a vital role in civil procedure in Kenya by providing a framework that fosters fairness and efficiency within the legal system. It is essential for anyone involved in legal processes—whether as a plaintiff, or defendant—to understand its provisions. By recognizing the importance of taking timely action and the consequences of delays, individuals can navigate the legal landscape more effectively and protect their rights within the established time limits.

In summary, this Act not only safeguards the integrity of the judicial system but also fosters a culture of prompt resolution of disputes, benefiting all parties involved.