Understanding Limitation Periods for Civil Claims in Kenya

In Kenya, the Limitation of Actions Act (Cap 22) governs the time limits within which civil claims must be filed in court. These time limits, known as limitation periods, are critical to ensure timely resolution of disputes and to prevent the undue burden of defending stale claims. Failure to file a claim within the prescribed period typically results in the claim being time-barred, meaning it cannot be pursued in court unless specific exceptions apply. This article provides a detailed overview of the limitation periods for various civil claims under the Act, exceptions to these periods, and practical considerations for litigants.

The Limitation of Actions Act establishes the framework for determining how long a claimant has to initiate legal proceedings for civil matters. The Act sets out specific time limits for different types of claims, such as those arising from contracts, torts, land disputes, and other civil wrongs. These periods are designed to balance the claimant’s right to seek redress with the defendant’s right to certainty and protection from indefinite liability.

The Act applies to most civil claims, but certain claims, such as those involving constitutional rights or specific statutory provisions, may be governed by other laws or have different limitation periods. Understanding these time limits is crucial for individuals and businesses to protect their legal rights effectively.

The Limitation of Actions Act specifies different time limits depending on the nature of the claim. Below are the primary categories of civil claims and their respective limitation periods:

1. Claims Based on Contracts (Section 4(1))

Claims arising from a contract, whether written, oral, or implied, must be filed within six years from the date the cause of action accrues. The cause of action typically accrues when the breach of contract occurs. For example:

- If a party fails to pay for goods delivered under a contract, the six-year period starts from the date payment was due.

- For contracts involving ongoing obligations, such as installment payments, the limitation period may restart with each breach (e.g., each missed payment).

2. Claims Based on Torts (Section 4(2))

Torts, which are civil wrongs such as negligence, defamation, or trespass, also have a six-year limitation period, except in specific cases. The period begins when the damage is suffered or, in some cases, when the claimant becomes aware of the damage. Exceptions include:

- Personal injury claims arising from negligence, nuisance, or breach of duty (e.g., workplace accidents or medical malpractice), which have a shorter limitation period of three years from the date of injury or knowledge of the injury (Section 4(2)).

- Defamation claims (libel or slander), which must be filed within one year from the date of publication or communication of the defamatory statement (Section 4(2)).

3. Claims for Recovery of Land (Section 7)

Claims to recover land or an interest in land (e.g., title disputes or adverse possession) must be brought within 12 years from the date the right to recover the land accrues. For adverse possession, this period starts when the adverse possessor takes possession of the land. However, claims against the government or public land are limited to six years (Section 9).

4. Claims for Damages for Breach of Trust or Fiduciary Duty (Section 20)

Claims against a trustee for breach of trust must be filed within six years from the date the breach occurs. However, if the breach involves fraud or fraudulent concealment, no limitation period applies, allowing the claimant to file at any time.

5. Claims for Recovery of Money Secured by a Mortgage or Charge (Section 19)

Claims to recover money secured by a mortgage or charge on property must be filed within 12 years from the date the right to receive the money accrues.

6. Claims Under Fatal Accidents and Survival of Actions (Section 4(3))

Claims brought under the Fatal Accidents Act or for the estate of a deceased person (survival of actions) must be filed within three years from the date of death or the date the claimant becomes aware of the death.

7. Claims Involving Fraud or Mistake (Section 26)

Where a claim is based on fraud or mistake, or where the cause of action was concealed by fraud, the limitation period does not begin until the claimant discovers the fraud or mistake or could have reasonably discovered it with due diligence. This provision ensures fairness in cases where the claimant was unaware of their legal rights due to deceptive conduct.

Exceptions and Extensions to Limitation Periods

The Limitation of Actions Act provides several exceptions and mechanisms to extend or suspend limitation periods in specific circumstances. These include:

1. Disability (Section 22)

If the claimant is under a disability (e.g., a minor or a person of unsound mind) at the time the cause of action accrues, the limitation period is suspended until the disability ceases or the claimant dies. For example:

• A minor (under 18 years) injured in an accident has three years from their 18th birthday to file a personal injury claim.

• The maximum extension for disability is six years from the date the cause of action accrued, even if the disability persists.

2. Acknowledgment or Part Payment (Section 23)

If the defendant acknowledges the debt or makes a part payment toward it, the limitation period restarts from the date of acknowledgment or payment. The acknowledgment must be in writing and signed by the defendant or their agent.

3. Fraud, Concealment, or Mistake (Section 26)

As mentioned earlier, if the cause of action is concealed by fraud or based on a mistake, the limitation period starts when the claimant discovers or could reasonably have discovered the issue.

4. Court’s Discretion to Extend (Section 27)

In personal injury cases, the court may grant leave to file a claim after the three-year limitation period if the claimant shows that material facts of a decisive character were outside their knowledge until a later date. This requires an application to the court and is subject to strict conditions.

5. Equitable Remedies

For claims seeking equitable remedies (e.g., injunctions or specific performance), the doctrine of laches may apply instead of strict limitation periods. Laches refers to unreasonable delay in pursuing a claim that prejudices the defendant. Courts have discretion to determine whether a claim is barred by laches.

Understanding and complying with limitation periods is critical for anyone seeking to enforce their legal rights in Kenya. Below are key considerations for claimants and defendants:

1) Determining the Accrual Date:

Identifying when the cause of action accrues is essential, as it marks the start of the limitation period. For example, in a breach of contract, the accrual date is typically when the breach occurs, not when the contract was signed.

2) Seeking Legal Advice Early:

Given the complexity of determining accrual dates and applicable exceptions, consulting a lawyer promptly is advisable to avoid missing deadlines.

3) Preserving Evidence:

Even if a claimant intends to rely on an exception (e.g., disability or fraud), preserving evidence to support the claim is crucial, as delays can weaken the case.

4) Defendant’s Strategy:

Defendants can raise the defense of limitation in court if a claim is filed outside the prescribed period. This defense, if successful, can lead to the dismissal of the case.

5) Statutory Overrides:

Some statutes, such as the Law of Contract Act or specific employment laws, may impose different limitation periods or procedural requirements. Claimants must verify whether other laws apply to their case.

6) Filing Requirements:

Filing a claim within the limitation period involves submitting the necessary court documents (e.g., a plaint) to the appropriate court. Late filing, even by a day, can result in the claim being struck out unless an extension is granted.

Conclusion

The Limitation of Actions Act (Cap 22) plays a pivotal role in Kenya’s civil justice system by setting clear deadlines for filing claims. The six-year limit for contracts and torts, three-year limit for personal injuries, one-year limit for defamation, and 12-year limit for land recovery are among the key provisions litigants must understand. Exceptions for disability, fraud, or acknowledgment provide flexibility, but strict compliance with these rules is essential to avoid losing the right to seek redress.

For individuals and businesses, proactive legal planning and timely action are critical to navigating the complexities of limitation periods. Consulting a qualified advocate can help clarify accrual dates, identify applicable exceptions, and ensure compliance with procedural requirements. By understanding and adhering to the provisions of the Limitation of Actions Act, claimants can protect their rights, and defendants can leverage limitation defenses to avoid protracted litigation.