A strong claim filed too late is worth nothing. Limitation periods , the statutory windows within which court proceedings must be commenced , are among the first questions an advocate asks. This article explains the main periods, when time starts, and what expiry means.
How long do you have to file a case in Kenya?
- Claims in contract and claims in tort , six years from the date the cause of action accrues, under the Limitation of Actions Act
- Actions to recover land , twelve years
- Certain other claims carry shorter periods, so the correct characterisation of a claim matters as much as its merits
- Specialised forums, such as employment and tax tribunals, apply their own time limits and procedures
The Act is published on Kenya Law, and because periods vary with the nature of the claim, this article should be read as orientation rather than a substitute for advice on a specific matter.
When does time start running?
Generally, when the cause of action accrues , the moment the breach occurs or the loss is suffered. In debt claims, an acknowledgment of the debt in writing or a part payment can restart the clock, which is why carefully worded correspondence matters in collection. Limited exceptions exist , fraud concealed from the claimant, disability, and postponement where the claimant could not reasonably have known of the wrong. None should be assumed without advice; they are construed narrowly.
What happens when the limitation period expires?
The claim becomes statute-barred: it survives in substance, but the defendant holds a complete defence, and the court has no general power to forgive the delay beyond what the Act allows. Limitation must be pleaded, so it does not always surface automatically , but prudent defendants raise it, and any settlement value of a time-barred claim reflects the weakness.
What should you do if a claim may be near the deadline?
Obtain advice promptly and, where necessary, protect the position by filing while negotiations continue , a claim can be settled or withdrawn far more easily than it can be revived. Our contract lawyers assess limitation risk in commercial disputes, and our dispute resolution practice advises on negotiating and mediating claims while the position is protected. Our practice areas page describes the wider work.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.