[Rev. 2012]
Limitation of Actions
CAP. 22
mineral oil as defined in the Mineral Oil Act (Cap. 307);
water vested in the Government by the Water Act (Cap. 372);
land vested in the county council (other than land vested in it
by section 120(8) of the Registered Land Act (Cap. 300)); or
(vi) land vested in the trustees of the National Parks of Kenya; or
affect the right of Government to any rent, principal, interest or
other money due under any lease, licence or agreement under the
Government Lands Act (Cap. 280) or any Act repealed by that Act.
(iii)
(iv)
(v)
(b)
42. Exclusion of certain proceedings
(1) This Act does not apply to—
(a) criminal proceedings; or
(b) matrimonial proceedings; or
(c) an action to recover possession of Trust land; or
(d) proceedings by the Government to recover possession of
Government land, or to recover any tax or duty, or the interest on any
tax or duty, or any penalty for non-payment or late payment of any tax
or duty, or any costs or expense in connexion with any such recovery;
or
(e) proceedings to which the Public Authorities Limitation Act (Cap. 39)
applies; or
(f) forfeiture proceedings under the East African Customs Management
Act, 1952 (No. 12 of 1952), or the East African Excise Management
Act, 1952 (No. 13 of 1952), of the High Commission; or
(g) proceedings in respect of the forfeiture of a ship or an aircraft; or
(h) civil proceedings brought under the National Social Security Fund Act
(Cap. 258.), for the recovery of any contributions or any other sum
and any penalty or interest thereon; or
(i) civil proceedings brought under the Higher Education Loans Board
Act 1995, (No. 3 of 1995), for the recovery of any loans owed to the
Board including any penalty or interest thereon; or
(j) a proceeding to recover an amount for which a person is liable under
section 51 or 52 of the Anti-Corruption and Economic Crimes Act,
2003 (No. 3 of 2003) or a proceeding under section 55 or 56 of that
Act;
(k) actions, including actions claiming equitable relief, in which recovery
or compensation in respect of the loss of or damage to any public
property is sought.
(2) Subsection (1)(k) shall apply retroactively.
[Act No. 5 of 1974, s. 9, Act No. 22 of 1987, Sch., Act No. 3 of 1995, s. 38,
Act No. 3 of 2003, s. 74, Act No. 7 of 2007, Sch.]
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