CAP. 22 Limitation of Actions [Rev. 2012] 43. Application to proceedings by or against Government Subject to— (a) section 33 of the Kenya Regiment (Territorial Force) Act (Cap. 200); (b) section 136 of the Government Lands Act (Cap. 280) (as amended by this Act); and (c) sections 41 and 42 of this Act, this Act applies to proceedings by and against the Government as it applies to proceedings between private persons. 44. Actions already barred and pending actions Nothing in this Act— (a) enables any action to be brought which was barred before the commencement of this Act by any written law repealed, or which in its application to Kenya is repealed, by this Act except in so far as the cause of action or right of action may be revived by an acknowledgement or part payment made in accordance with this Act; or (b) affects any action or arbitration commenced before the commencement of this Act or the title to any property which is the subject of any such action or arbitration. 45. Causes of action already accruing or accrued (1) Subject to subsection (2) of this section, the period of limitation for a cause of action which arose before the commencement of this Act shall, if it has not then already ended, end at the time when it would have ended apart from this Act, or at the time when it would have ended if this Act had at all material times been in force, whichever is the later. (2) Sections 27, 28 and 29 of this Act shall have effect in relation to causes of action which accrued before, as well as causes of action which accrue after, the commencement of this Act, and shall have effect in relation to any cause of action which accrued before the commencement of this Act notwithstanding that an action in respect thereof has been commenced and is pending at the commencement of this Act: Provided that— (i) in the application of section 28 of this Act to an action which is pending at the commencement of this Act, subsection (3) of that section shall have effect as if the words from “and it also appears” to the end of the subsection were omitted; and (ii) for the purposes of this section, an action shall not be taken to be pending at any time after a final order or judgment has been made or given therein, notwithstanding that an appeal is pending or that the time for appealing has not expired; and accordingly section 27 of this Act shall not have effect in relation to a cause of action in respect of which a final order or judgment has been made or given before the commencement of this Act. [Issue 1] L19 - 24