[2013] KEHC 6212 (KLR)
The court held that the suit was filed outside the twelve-month limitation period prescribed for defamation actions under section 4(2) of the Limitation of Actions Act. The court further found that section 27 of the Act, which allows for extension of limitation periods in certain cases, does not apply to defamation...
Source-derived case information.
- Citation
- [2013] KEHC 6212 (KLR)
- Parties
- Plaintiff: Martin Mutisya Muthengi; Defendant: The Standard Group Ltd; Defendant: The Standard Ltd; Defendant: Kenneth Kwama
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 325 of 2012
- Procedural Posture
- Civil Case / Ruling on Preliminary Objection
- Outcome
- suit struck out as time-barred
- Judges
- DW Mbuteti
- Legal Topics
- Defamation, Limitation Periods, Preliminary Objection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Mutisya Muthengi
Plaintiff
The Standard Group Ltd
Defendant
The Standard Ltd
Defendant
Kenneth Kwama
Defendant
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit for defamation was filed within the statutory limitation period.
- 2 Whether the proceedings before the Complaints Commission of the Media Council can extend or affect the limitation period for defamation actions.
- 3 Whether there is any statutory provision allowing extension of time for filing defamation suits.
Ratio Decidendi
The court held that the suit was filed outside the twelve-month limitation period prescribed for defamation actions under section 4(2) of the Limitation of Actions Act. The court further found that section 27 of the Act, which allows for extension of limitation periods in certain cases, does not apply to defamation actions. The proceedings before the Complaints Commission of the Media Council did not provide a legal basis to extend or suspend the limitation period. Consequently, the preliminary objection was upheld and the suit was struck out as time-barred.
Court Disposition
suit struck out as time-barred
Orders
- The suit is hereby struck out with costs to the Defendants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
Civil Case No. 325 Of 2012
Martin Mutisya Muthengi……………..……..….….....PLAINTIFF
VERSUS
1. THE Standard Group Ltd
2. THE Standard Ltd
3. Kenneth Kwama ....………..…..….......….......…DEFENDANTS
R U L I N G
1. Section 4(2) of the Limitation of Actions Act, Cap 22 provides as follows -
“An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued:
Provided that an action for libel or slander may not be brought after the end of twelve months from such date.”
2. The provisions of section 27 of the same Act (extension of the limitation period) are not applicable to actions for defamation.
3. The cause of action as pleaded in the present suit (paragraph 5 of the plaint dated 27th June 2012) accrued on 10th August 2010. The suit was filed on 29th June 2012, way out of the period of limitation referred to above. The proceedings before the Complaints Commission of the Media Councilpleaded in paragraph 8 of the plaint do not afford an answer in law against a defence of limitation. At any rate no such answer in law has been brought to the attention of the court.
4. In the circumstances I will uphold the preliminary objection raised by the Defendants by notice dated 16th October 2012. The suit herein having been filed out of the statutory period of limitation, and there being no provision under statute for extension of that period, the suit is hereby struck out with costs to the Defendants. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 4TH DAY OF JULY 2013
H. P. G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 5TH DAY OF JULY 2013