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commencement of this Act by any written law repealed, or which
in its application to Kenya is repealed, by this Act except in so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.
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