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 and other jurisdictions. It is a pivotal piece of legislation that governs the time limits within which individuals and corporations can initiate legal proceedings or make other legal claims. 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 and its implications and challenges.
Table of Contents
- What is the Statute of Limitations in Kenya? 🡥
- Key Provisions of the Act 🡥
- Implications of the Act 🡥
- What Happens When a Party Files a Case After the Limitation Period Has Expired? 🡥
- Challenges and Considerations 🡥
- Conclusion 🡥
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, including arbitrations. It also makes provisions for 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 and a time limit for a land owner to enforce their rights in a parcel of land illegally occupied. It also protects parties from the anxiety of facing stale claims. Preventing fishing out claims where evidence may have deteriorated, witnesses may have moved, died, or their memories may 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 in employment matters, the court has no jurisdiction to extend this time limit. This is unlike the Limitations of Actions Act, where parties may apply for time extensions.
Similarly, the Government Proceeding Act sets the time limitation for suits filed against the government.
Key Provisions of the Limitations of Actions 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 (6) years from the date of the breach to file a lawsuit where the claim is based on a contract.
- Tort claims: In most tortious actions, a party must initiate their claim within three (3) years from the date the cause of action arose. This is also often when the injury or damage occurs.
- Libel or Slander: In a defamation claim or action, the matter is required to be filed within twelve (12) months from the date the libelous or slanderous statement is made/published.
- Claims related to land: In actions related to the recovery of land from a person who is in possession and occupation of that land illegally (for example, by squatters), the legitimate owner must initiate a claim within twelve years. After twelve years have passed, the person in possession and occupation of that land can file suit for registration as an owner of the land.
- Actions against a judgment: A party has twelve years to enforce a judgment. They cannot attempt to enforce it after that time has passed.
These timeframes help to ensure the making of claims while evidence and witnesses are available and have fresh memories of the event. This promotes justice and fairness in the entire legal process.
2. Specific Exceptions
There are a few exceptions where Kenya’s statute of limitations allows for the extension or suspension of time. 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, i.e., until they turn 18 years old. When a person is mentally or physically incapacitated, such as during hospitalization, time does not begin to run until they recover.
- 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. In certain situations, parties may pause or “toll” the time, such as when they engage in alternative dispute resolution (ADR) mechanisms like mediation or negotiation.
Implications of Kenya’s Statute of Limitations
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
The Act protects defendants from the fear of being sued indefinitely by ensuring that claimants file lawsuits while evidence is still fresh, which allows defendants to mount a fair defence.
What Happens When a Party Files a Case After the Limitation Period Has Expired?
If a claim is filed after the limitation period has expired, the court may dismiss the case because 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.
However, there are cases where, at the discretion of the court, a party is allowed an exception. An example is when 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; if a claim filed is affected by foreign or international law, it may be subject to the laws of that country and therefore a different statute of limitations.
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 can often lead to further disputes on whether the claim is out of time. In such cases, it is necessary to seek legal advice. A lawyer/advocate can help you apply to a 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. Anyone involved in a legal process should be aware of the provisions and implications of the Limitations of Actions Act. This is regardless of whether they are a plaintiff, or defendant. 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.
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.
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