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In the eyes of the law, justice often has a deadline.
A legal stopwatch begins ticking the moment an offense or dispute occurs, and if that clock runs out, the chance to take legal action can be lost forever.
This critical deadline is the statute of limitations, which sets the maximum amount of time that can pass before a lawsuit is filed or criminal charges are brought.
It’s a concept that balances the scales of justice, pushing for prompt resolution while evidence is intact and protecting individuals from facing legal claims so old that a fair defense would be impossible.
Criminal versus Civil law
It is important to distinguish between criminal law and civil law.
In civil cases, which involve disputes between individuals or organisations, such as breach of contract or personal injury claims, there are strict time limits for filing a lawsuit.
The Limitation of Actions Act (Cap. 22) sets these periods, for example, a person generally has six years to sue for a breach of contract and three years for a claim in tort (a civil wrong).
There are even shorter time limits for claims against the government and local authorities.
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The 12-month rule for minor offences
The Criminal Procedure Code (Cap. 75), in section 219, establishes a general rule for the time limit on the prosecution of minor offences.
These are typically summary offences that are tried in subordinate courts.
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The Kenyan Judiciary
The law states that for any offence where the maximum punishment does not exceed imprisonment for six months, a fine of one thousand shillings, or both, a charge or complaint must be laid within twelve months from the time the offence was committed.
This rule ensures that minor infractions are dealt with promptly and do not linger in the justice system.
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Serious crimes: No expiry date
In contrast to minor offences, most serious crimes in Kenya do not have a statute of limitations.
Most serious crimes in Kenya do not have a statute of limitations, a prosecution can be brought at any time
The Penal Code (Cap. 63) defines a wide range of serious offences, also known as indictable offences.
These include crimes such as murder, manslaughter, treason, kidnapping and robbery with violence.
For these and other serious crimes, a prosecution can be brought at any time, even many years after the offence was committed.
When your civil rights have an expiry date, according to the law
While serious crimes have no time limit, the clock is always running in civil law.
When your civil rights have an expiry date, according to the law
The Limitation of Actions Act (Cap. 22) and other statutes set precise deadlines for filing claims.
For instance, a person seeking to recover land from someone in adverse possession (such as a squatter) must file their claim within twelve years, after which their title can be legally extinguished.
Similarly, If a court grants a judgment (for example, an order to pay a debt), the successful party has twelve years to enforce it. After that, the judgment becomes legally unenforceable
Other claims have much shorter windows.
For instance, a lawsuit for defamation must be filed within one year from the date the words were published or spoken.
An even stricter timeline applies to claims against the state, where the Public Authorities Limitation Act requires most civil proceedings to be initiated within twelve months to protect public bodies from stale claims.
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Suing the government? A stricter clock
When a claim is against the government or a local authority, the legal timeline shrinks dramatically.
Suing the government? The legal timeline shrinks dramatically.
Under the Public Authorities Limitation Act (Cap. 39), a stringent time limit is imposed on most civil actions against public bodies.
Unlike the years allowed for many private claims, a person generally has only one year from the date the cause of action arose to initiate legal proceedings against a government entity.
Furthermore, there is an additional procedural hurdle.
The Government Proceedings Act requires that a written 30-day notice of the intention to sue must be served on the Attorney General before a case can be filed in court.
Failure to adhere to both this notice period and the one-year limitation deadline can be fatal to a claim, making it critical for anyone with a grievance against a public authority to act with exceptional speed.
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Sexual offences
The Sexual Offences Act (No. 3 of 2006) deals with a range of sexual crimes, including rape, sexual assault, and defilement.
These are considered very serious offences and carry heavy penalties, including life imprisonment.
As with other serious crimes, there is no statute of limitations for the prosecution of sexual offences in Kenya.
This allows victims to come forward and report these crimes at any time without the fear that the perpetrator will be protected by a time limit.
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What about international crimes?
Kenya is a signatory to the Rome Statute of the International Criminal Court.
The International Crimes Act (2008) domesticates this treaty into Kenyan law, providing for the prosecution of the most serious crimes of international concern.
These include genocide, crimes against humanity, and war crimes.
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The Act explicitly states that there is no statute of limitations for these crimes.
This is in line with international law, which holds that the perpetrators of such atrocities should be held accountable regardless of how much time has passed since the crimes were committed.
The legal clock ticks faster for minor wrongs and civil disputes, pushing for speedier resolution and preserving the efficiency of the justice system.
But for the gravest crimes, those that tear at the fabric of society, the clock stops.