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Time Limits for Filing Accident Claims

In Kenya, the legal framework governing the time limits for filing accident claims, particularly personal injury claims, is primarily outlined in the Limitation of Actions Act (Cap 22). This statute establishes strict deadlines, known as limitation periods, within which legal proceedings must be initiated to avoid being barred from seeking remedies. Understanding these time limits is crucial for claimants to ensure their rights are preserved and to avoid the risk of their claims being deemed "time-barred." This article provides a detailed examination of the three-year limitation period for personal injury claims under the Limitation of Actions Act, explores the exceptions to this rule, and highlights practical considerations for claimants.

Under the Limitation of Actions Act (Cap 22), Section 4(2) stipulates that an action founded on tort, including personal injury claims arising from accidents, must be commenced within three years from the date on which the cause of action arose. This means that for most personal injury claims, such as those resulting from road traffic accidents, workplace incidents, or slip-and-fall cases, the claimant must file their case in court within three years of the date of the accident or injury. For example, if an individual is injured in a car accident on June 10, 2025, they generally have until June 10, 2028, to initiate legal proceedings.

The rationale behind this limitation period, as noted in legal commentary, is to promote justice by preventing the revival of stale claims where evidence may have been lost, memories faded, or witnesses become unavailable. It also encourages claimants to act promptly in enforcing their rights, ensuring fairness for both parties involved in the litigation process. If a claimant fails to file within this period, the claim becomes "statute-barred," meaning the court lacks jurisdiction to hear the case, and the defendant can raise the limitation period as a complete defense.

Exceptions to the Three-Year Limitation Period

While the three-year limitation period is the general rule for personal injury claims, the Limitation of Actions Act provides specific exceptions under Part III (Extension of Periods of Limitation) that allow for extensions in certain circumstances. These exceptions are designed to accommodate situations where strict adherence to the limitation period would be unjust. The key exceptions relevant to personal injury claims include:

1. Disability

Section 27 of the Limitation of Actions Act allows for an extension of the limitation period if the claimant was under a disability at the time the cause of action accrued. A disability, as defined under the Act, includes being a minor (under the age of 18) or being of unsound mind (lacking mental capacity to manage legal affairs).

  • Minors: If the injured person is under 18 at the time of the accident, the three-year limitation period does not begin until they reach the age of majority (18). Thus, a minor has until their 21st birthday to file a claim. For example, a 15-year-old injured in an accident in 2025 would have until 2028 (three years after turning 18) to initiate proceedings. During this period, a parent, guardian, or litigation friend may file a claim on the minor’s behalf.

  • Persons of Unsound Mind: If the claimant lacks mental capacity due to a condition existing at the time of the accident (or caused by it, such as a coma or severe brain injury), the limitation period is suspended until they regain mental capacity. If the claimant never regains capacity, the limitation period does not apply, and a litigation friend can initiate proceedings at any time. If capacity is regained, the three-year period starts from the date of recovery.

2. Fraud

Under Section 26 of the Act, the limitation period may be extended if the cause of action is based on the fraud of the defendant or if material facts relating to the cause of action were deliberately concealed. In such cases, the three-year period begins when the claimant discovers the fraud or could have reasonably discovered it with due diligence. For instance, if an employer conceals evidence of negligence that caused a workplace injury, the limitation period may start from the date the claimant becomes aware of this concealment.

3. Ignorance of Material Facts

Section 30 of the Act provides for an extension when the claimant was unaware of material facts of a decisive character relating to the cause of action, particularly in cases involving negligence, nuisance, or breach of duty where damages are claimed for personal injuries. A material fact might include the realization that an injury was caused by another party’s negligence or the extent of the injury itself. The claimant must apply to the court for leave to file out of time, and the court will consider whether the claimant had reasonable means to know these facts earlier. If granted, the limitation period may be extended, typically by up to one year from the date the material facts were discovered.

For example, in cases of occupational diseases (e.g., lung disease from exposure to hazardous substances), symptoms may not manifest until years after exposure. The limitation period would start from the date of diagnosis or when the claimant reasonably connects the injury to the defendant’s actions, rather than the date of exposure.

4. Acknowledgement or Part Payment

Section 23 of the Act allows for the limitation period to be reset if the defendant acknowledges the claim or makes a part payment toward it. For instance, if a defendant admits liability in writing or makes a partial payment for damages within the three-year period, the limitation period restarts from the date of acknowledgment or payment. This provision encourages negotiation and settlement without necessitating immediate court action.

5. Court’s Discretionary Power

Under exceptional circumstances, courts may exercise discretion to extend the limitation period under Section 27 or 30, particularly if it would be equitable to do so. The court weighs the prejudice to the claimant if the claim is barred against the prejudice to the defendant if the claim is allowed to proceed. Factors considered include the reason for the delay, the length of the delay, and whether evidence is still available. However, such extensions are rare and require compelling justification, such as significant delays caused by factors beyond the claimant’s control.

Practical Considerations for Claimants

Pre-Action Protocols

Before filing a claim, the Limitation of Actions Act and the Civil Procedure Rules 2010 require claimants to take certain pre-action steps. A critical step is issuing a formal demand letter to the defendant, outlining the claim and seeking resolution. This letter serves as an opportunity for negotiation and may lead to a settlement without court intervention. Failure to issue a demand letter may prevent the claimant from recovering legal costs, even if the claim is successful. Claimants should ensure this step is taken promptly to avoid delays that could push the claim close to or beyond the limitation period.

Commencing Proceedings

Civil proceedings are initiated by filing a plaint at the civil court registry, as prescribed by the Civil Procedure Rules. The plaint must detail the material facts, the legal cause of action, and the remedies sought. Given the time required to gather evidence, arrange medical examinations, and consult with legal counsel, claimants are advised to seek legal advice as soon as possible after an accident. Many solicitors may hesitate to take on cases nearing the three-year limit due to the complexity of preparing a case within a short timeframe.

Other Relevant Time Limits

While the focus here is on personal injury claims, it’s worth noting that other types of claims under the Limitation of Actions Act have different limitation periods:

  • Contract claims: Six years from the date the cause of action arose.

  • Libel or slander: One year from the date the cause of action arose.

  • Claims for unfair termination: One year from the date of termination.

  • Enforcement of a court judgment: Twelve years from the date of the judgment.

Additionally, specific statutes may impose shorter limitation periods. For instance, claims under the Work Injury Benefits Act (WIBA) 2007 for workplace injuries may have different procedural requirements, and maritime claims (e.g., accidents at sea) may be subject to a two-year limitation period under international conventions like the Athens Convention.

Challenges and Risks

Failing to file a claim within the prescribed limitation period can have severe consequences. A time-barred claim is typically struck out by the court, leaving the claimant without recourse to compensation. The doctrine of laches may also be invoked by defendants, arguing that the claimant’s delay in filing has prejudiced their ability to mount a defense. To mitigate these risks, claimants should:

  • Act promptly to consult a solicitor after an accident.

  • Gather evidence, such as medical reports, witness statements, and accident logs, as soon as possible.

  • Be aware of any contractual time bars, particularly in cases involving insurance or employment contracts, which may impose stricter deadlines.

Conclusion

The Limitation of Actions Act (Cap 22) establishes a three-year limitation period for personal injury claims in Kenya, starting from the date the cause of action arises. However, exceptions for disability, fraud, ignorance of material facts, and acknowledgment or part payment provide flexibility to ensure fairness in cases where strict adherence to the deadline would be unjust. Claimants must be proactive in understanding these time limits, complying with pre-action protocols, and seeking legal advice early.

System: their rights and avoid the risk of their claims being time-barred. By adhering to these guidelines and acting promptly, individuals can ensure their claims are filed within the legal timeframe, securing their right to seek compensation for injuries sustained in accidents.