Kenya - Time Bars
|Contract claims – Sec. 4 (1)|
Actions may not be brought after the end of 6 years from the date on which the cause of action accrued.
|Tortious claims - Sec. 4 (2)||An action founded on tort may not be brought after the end of 3 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 12 months from such date.|
|An account - Sec. 4 (3)||An action for an account may not be brought in respect of any matter which arose more than 6 years before the commencement of the action.|
|Judgment - Sec. 4 (4)||An action may not be brought upon a judgment after the end of 12 years from the date on which the judgment was delivered, or (where the judgment or a subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods) the date of the default in making the payment or delivery in question, and no arrears of interest in respect of a judgment debt may be recovered after the expiration of 6 years from the date on which the interest became due.|
|Penalty or forfeiture - Sec. 4 (5)||An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of a written law may not be brought after the end of 2 years from the date on which the cause of action accrued.|
|Disability (injury related) - Sec. 22||The action may be brought at any time before the end of 6 years from the date when the person ceases to be under a disability or dies, whichever event first occurs, notwithstanding that the prescribed period of limitation has expired.|
|Liability for loss or damage to goods - Sec. 6 (3)||The carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within 1 year after delivery of the goods or the date when the goods should have been delivered.|
|Maritime liens - Sec. 112 (1),(2)||The maritime liens relating to a ship shall be extinguished after a period of 1 year from the time when the claims secured thereby arose unless, prior to the expiry of such period, the ship has been arrested and the arrest has led to a forced sale pursuant to the provisions of the rules of court or any other law for the time being in force relating to the sale of property in admiralty proceedings.|
The one year period shall not be subject to interruption or suspension except that time shall not run during the period the lien holder is legally prevented from arresting the vessel.
|Salvage proceedings - Sec. 357 (1)(2)|
No action shall be instituted in respect of any salvage services unless proceedings therein are commenced within 2 years after the date on which the salvage operations were terminated; but the court may extend any such period to such extent and on such conditions as it considers fit.
|Proceedings to enforce any claim or lien against a ship or her owner. - Sec. 406 (3)||No proceedings shall in respect of damage or loss or for loss of life or personal injury be brought after the period of 2 years from the date when the damage or loss was caused or loss of life or injury was suffered.|
|Action or legal proceeding against the Authority - Sec. 66(b)||The action or legal proceeding shall not lie or be instituted unless it is commenced within 12 months next after the act, neglect or default complained of or, in the case of continuing injury or damage, within 6 months next after the cessation thereof.|
|Action or legal proceeding against the Corporation - Sec. 87 (b).||The action or legal proceeding shall not lie or be instituted unless it is commenced within 12 months next after the act, neglect or default complained of or, in the case of continuing injury or damage, within 6 months next after the cessation thereof.|
|Limitation of proceedings - Sec. 222||Proceedings for an offence under this Act may be commenced, and anything liable to forfeiture under this Act may be seized, within 5 years of the date of the offence.|
|Claim for compensation - Sec. 26(1)||A claim for compensation in accordance with this Act shall be lodged by or on behalf of the claimant in the prescribed manner within 12 months after the date of the accident or, in the case of death, within 12 months after the date of death|
|Lapse of right to benefits - Sec. 27(1)||A right to benefits in accordance with this Act shall lapse if the accident is not reported to the employer within 12 months after the date of such accident.|
- It would be extremely difficult to give a precise date as to when the count starts without first looking at particular facts of a case.
- Some carriers would close their B/Ls to the effect that “cargo is considered as delivered when it is landed and handed over into the custody of the Kenya Ports Authority or Customs Authority……….from whom the consignees would take delivery of the same”.
- The Kenya’s COGSA is fashioned after the Hague-Visby Rules, as amended, and although Kenya is said to be signatory to the Hamburg Rules, these have not yet been ratified. Nor have the Rotterdam Rules.
- Latest version of York-Antwerp Rules are yet to be ratified.
WIBA 2007 replaced the Workman’s Compensation Act Chap. 236 of Laws of Kenya.
You may also be interested in:
QCR Winter 2021: The Danish Supreme Court - Judgment dated 9th September 2021 (U2021.4943 H)
The Danish Supreme Court rules that a jurisdiction clause in a waybill may under certain circumstances supersede the principal rule of jurisdiction in the Danish Merchant Shipping Act, section 310_1, if the Brussels I regulation was to be applicable to the case.
Circular 03/22: General Trade Licence dated 17 March 2022 – Reporting of vessel calls to Russia and transiting Russian territorial waters
On 17 March 2022 the UK Government published a General Trade Licence in part to clarify earlier amendments to the UK Russia (Sanctions) (EU Exit) Regulations (the “Regulation”). Specifically, the licence addresses the issue as to whether it is lawful under the Regulation for insurers and reinsurers domiciled or operating from the United Kingdom to provide insurance for vessels calling at Russian ports or transiting Russian territorial waters.
Part 2: Legal issues arising under the current unimodal transport Conventions