[2005] KEHC 1282 (KLR)
The court held that the application was made more than four years after the cause of action arose, far beyond the 12-month limitation period prescribed by Section 3(1) of the Public Authorities Limitation Act. The only reason advanced for the delay was lack of finances, which the court found insufficient and not...
Source-derived case information.
- Citation
- [2005] KEHC 1282 (KLR)
- Parties
- Applicant: Joseph Mugo Mwangi; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1715 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Application to File Suit Out of Time
- Outcome
- application dismissed
- Legal Topics
- Limitation Periods, Extension of Time, Public Authorities Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Mugo Mwangi
Applicant
The Hon. Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to File Suit Out of Time
Legal Issues
- 1 Whether the applicant should be granted leave to file suit against the Government out of time under the Public Authorities Limitation Act.
- 2 Whether lack of finances constitutes a disability under Section 5 of Cap 39 justifying extension of time.
Ratio Decidendi
The court held that the application was made more than four years after the cause of action arose, far beyond the 12-month limitation period prescribed by Section 3(1) of the Public Authorities Limitation Act. The only reason advanced for the delay was lack of finances, which the court found insufficient and not constituting a 'disability' under Section 5 of Cap 39. The court further noted that the delay was highly inordinate and that procedural inadequacies in the application would be overlooked due to the applicant's lay status, but the substantive requirements of the law were not met. Consequently, the application to file suit out of time was dismissed with costs to the respondent.
Court Disposition
application dismissed
Orders
- The application to file suit out of time is dismissed.
- Costs awarded to the respondent.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAIROBIMisc Appli 1715 of 2004
JOSEPH MUGO MWANGI ……………………..….……… APPLICANT
VERSUSTHE HON. ATTORNEY GENERAL ………………….. RESPONDENTRULING This is an application to file suit out of time and is brought by way of a Notice of Motion rather than an Originating Summon. It does not cite the provisions of law under which it is brought. Because this application is made by a lay person, I will chose to ignore the procedural inadequacies, and go straight to the merit of the application.
Section 3 (1) of the Public Authorities Limitation Act, Cap 39 prescribes a time limit of 12 months from the date of the cause of action for the filing of a suit against the Government of Kenya, arising out of an action in tort.
Here the cause of action arose on 22nd May, 2000, and this application was made more than four years later on 14th December, 2004. The only reason provided for the delay in filing suit is “the lack of finance to pay for legal fees.” That is not a sufficiently good reason for not filing the suit in time, and in any event does not constitute “disability” envisaged by Section 5 of Cap 39. In addition, the delay is highly inordinate, and accordingly, this application is dismissed with Costs to the Respondent.
Dated and delivered at Nairobi this 20th day of September, 2005.
ALNASHIR VISRAM
JUDGE