Occupiers' Liability Act | Cap. 34 — Kenya law | Esheria

Occupiers' Liability Act

The Act may be cited as the Occupiers’ Liability Act.

Jurisdiction
Kenya
Instrument
Act or statute
Citation
Cap. 34
Version
12 Jul 1966
Language
en
Official source
View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Act may be cited as the Occupiers’ Liability Act. Sections 3 and 4 replace common law rules to regulate the duty an occupier of premises owes to visitors for dangers from the state of the premises or actions/omissions, and specify the nature of duties arising from occupation or control (including fixed or movable structures, vessels, vehicles or aircraft) and duties in respect of damage to property including of non-visitors; persons treated as occupiers and visitors remain those who would be so treated at common law. An occupier of premises owes a common duty of care to visitors: to take reasonable care that visitors will be reasonably safe; the occupier must be prepared for children to be less careful, may expect professionals to guard against risks in their calling, warnings alone do not automatically absolve the occupier, and the occupier may not be liable for faults of an independent contractor if he acted reasonably in entrusting the work and checking competence. An occupier who by contract allows strangers to enter cannot restrict or exclude the duty of care owed to those strangers; the occupier must perform contractual obligations that increase that duty. If a tenancy places on a landlord an obligation to repair or maintain premises, the landlord owes to lawful visitors the same duty regarding dangers from any default in that obligation as if he were an occupier; this applies to landlords under subtenancies, with specified limits and definitions.

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