Limitation of Actions Act

This Act may be cited as the Limitation of Actions Act.

Provides definitions of key terms used in the Act (for example: "arbitration", "assurance", "award", "contract", "fraud", "land", "minor").

Section 10 sets when the right of action to recover a future interest in land accrues and bars actions brought after statutory limitation periods or outside the period the maker of an assurance could have sued; it also bars actions for future interests when possession of the present estate is barred unless possession is recovered by an intermediate estate.

Subsection (1) sets a special limitation period for partners’ secondary liability: the earlier of (a) the expiration of the limitation period for an action against the partnership in respect of the partnership obligation; or (b) if a judgment against the partnership establishing the obligation is after that expiration, two years after that judgment; subsection (1) applies to former partners; applicability is unaffected by appeals or stays of execution.

A right of action to recover land accrues when the liability to forfeiture is incurred or the condition broken; if that right accrued to a person entitled to an estate or interest in reversion but the land was not recovered, the right does not accrue to that person until their estate or interest falls into possession.

When certain tenancies are determined, the person entitled to the land gains the right to sue for recovery either at the determination date, or (for periodic tenancies without written lease) at the date of the last receipt of rent; if rent was taken by a wrongful claimant and no subsequent rent was paid to the rightful owner, the right accrues at the earlier receipt by the wrongful claimant.

A right to recover land does not accrue or continue unless someone takes and holds the land as adverse possession; receipt of rent by a person wrongfully claiming reversion is treated as adverse possession.

If a mortgagee has been in possession of mortgaged land for twelve years, the mortgagor (or anyone claiming through him) may not bring an action to redeem that land.

No person is to be treated as having possession of land solely because they made a formal entry on it.

For actions to recover land, an administrator of a deceased person's estate is treated as claiming from the date of death, as if there were no gap until letters of administration were granted.

When the period prescribed by the Act for bringing an action to recover land expires, the person's title to that land is extinguished.

Section 18 treats equitable interests in land like legal estates for limitation purposes, gives persons entitled in possession a right to an action to recover land for the purposes of this Act, preserves trustees' estates while beneficiaries' rights have not accrued or been barred, allows trustees to bring actions on behalf of beneficiaries whose rights are unbarred, and provides that where a trustee or other beneficiary is in possession a right of action accrues to those entitled.

Section 19 limits actions to recover mortgage principal or sale proceeds after twelve years from when the right to receive the money accrued; it also provides special rules about possession, future interests, recovery of arrears by a subsequent encumbrancer within one year of prior possession, and excludes mortgages on ships.

Section 20. Actions concerning trust property Section 20(1)(a) in respect of a fraud or fraudulent breach of trust to which the trustee was a party or privy; or Section 20(1)(b) to recover from the trustee trust property or the proceeds

A claim to movable property of a deceased person cannot be brought after 12 years from the date the cause of action accrued; a claim to recover arrears of interest for a legacy (or damages for such arrears) cannot be brought after 6 years from the date the interest became due.

This Part is subject to Part III.

This section sets limitation periods for various civil actions: torts 3 years (except libel/slander 12 months), account 6 years, judgments 12 years (interest arrears 6 years), and penalties/forfeitures 2 years.

An action to recover contribution shall not be brought after the end of two years from the date on which the right to recover contribution accrued to the first tortfeasor.

If a later conversion or wrongful detention of movable property occurs before the original possessor recovers it, no action can be brought for the later conversion or detention after three years from when the cause of action for the original conversion or detention accrued.

Any person may not bring an action to recover land after twelve years from when the right of action accrued (including when it first accrued to a person through whom they claim).

Bringing an action or making distress to recover rent arrears or related damages is prohibited after six years from the date the arrears became due.

Rules specifying the date on which the right to bring an action to recover land accrues in three factual situations: dispossession or discontinuance while entitled and in possession; death when the deceased was in possession and was last entitled possessor; and assurance (not by will) where the assurer was in possession and no one has possessed by virtue of the assurance.

This section does not affect cases where the right of action first accrues to a person who is not under a disability and through whom a person under a disability claims.

When the person in possession acknowledges title or makes any payment, the right of action accrues on and not before the date of that acknowledgement or payment; a mortgagee in possession may bring an action to redeem within twelve years from that date.

Acknowledgements described in section 23 must be written and signed by the person making them; such acknowledgements or payments may be made to the person or their agent, and an agent may make them.

Acknowledgements and certain payments by persons in possession, mortgagors, mortgagees, acknowledgors and personal representatives can bind other persons (including successors) for the ensuing limitation period or as specified; the section also defines "successor".

The limitation period is extended where the action is based upon the fraud of the defendant or his agent, or of any person through whom he claims or his agent.

Section 27 allows extension of the limitation period for certain tort actions involving personal injury when the plaintiff could not have known decisive material facts, provided the court has granted leave and subsection (2) requirements are met.

The court must grant leave for a cause of action when, on evidence adduced by or for the plaintiff, it appears that the same evidence would (absent contrary evidence) establish the cause of action (aside from any defence under section 4(2)) and meet the requirements of section 27(2); this applies whether the application is made before or after the commencement of the relevant action.

Where a cause of action survives for the benefit of a deceased person's estate, sections 27 and 28 apply subject to special provisions; section 27(1) will not apply unless the action is brought within twelve months of the deceased's death.

Section 30 defines "material facts" for sections 27–29, sets when those facts are to be treated as decisive, states when a fact is outside a person's knowledge (three subconditions), provides a special rule for persons under disability, and defines "appropriate advice".

If another written law prescribes a limitation period for an action or arbitration, that written law must be read as if Part III of this Act were incorporated into it.

If an easement (access to light or air for a building; a way or watercourse or use of water; or any other easement) has been enjoyed peaceably, openly, as of right and without interruption for twenty years, the right is absolute and indefeasible.

If land serving an easement was held for life or a term over three years, the time during which the easement was enjoyed while that interest continued is excluded when calculating twenty years if the person entitled on the determination of that interest resists the claim within three years after the interest ends.

Rules on how limitation law applies to arbitrations, including when a cause of action is treated as accruing, when an arbitration is taken to commence, permissible service of notices, and the court's power to exclude arbitration time from limitation periods.

A claim by way of set-off or counterclaim is treated as a separate action and is regarded as commenced on the same date as the action in which the set-off or counterclaim is pleaded.

Equitable courts retain the power to refuse relief on the grounds of acquiescence or for other reasons.

When registration would have extinguished a proprietor's title, that title is not extinguished but is held by the registered proprietor in trust for the person who has acquired title under this Act, subject to other persons' unaffected estates or interests.

Persons claiming title by adverse possession, proprietors who acquired easements, applicants and interested persons may apply to the High Court for registration or determination; the easement only comes into being on registration; the Cabinet Secretary responsible for Land may make rules to facilitate registration.

Section 39 states that there may be (a) a contract not to plead limitation or (b) a person may be estopped from pleading limitation; it defines "estopped" to include equitable or promissory estoppel.

The law on limitation of actions applies in Kenyan courts to causes of action that arise both outside and within Kenya; if a foreign law bars the right or remedy for such a cause of action, the action is barred, and no new cause of action arises on an action in Kenya on a foreign judgment.

Government land, or land otherwise enjoyed by the Government, is excluded.

Section 42 lists categories of proceedings that are excluded from the Act, including criminal, matrimonial, certain land and government recovery proceedings, forfeiture, and specific recovery actions under social security, student loans and anti-corruption laws.

Section 43 — Application to proceedings by or against the Government; references section 33 of the Kenya Regiment (Territorial Force) Act (Cap. 200).

Allows actions that were previously barred by a written law repealed by this Act, except where the cause or right of action can be revived by an acknowledgement or part payment made under this Act.

If a cause of action arose before this Act began, its limitation period ends at whichever is later: when it would have ended without this Act, or when it would have ended had this Act always been in force.