Browse an Act, find a provision and read each section in context.
Browse Acts ↓(1) Subject to section 20(1) of this Act, this Act applies to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as it applies to legal estates, and accordingly a right to action to recover the land, for the purposes of this…
(1) An action may not be brought to recover a principal sum of money secured by a mortgage on land or movable property, or to recover proceeds of the sale of land, after the end of twelve years from the date when the right to receive the money accrued. (2) A foreclosure action in respect of mortgage…
(1) None of the periods of limitation prescribed by this Act apply to an action by a beneficiary under a trust, which is an action— (a) in respect of a fraud or fraudulent breach of trust to which the trustee was a party or privy; or (b) to recover from the trustee trust property or the proceeds the…
Subject to section 20(1) of this Act, an action in respect of a claim to movable property of a deceased person, whether under a will or on intestacy, may not be brought after the end of twelve years from the date on which the cause of action accrued, and an action to recover arrears of interest in r…
If, on the date when a right of action accrues for which a period of limitation is prescribed by this Act, the person to whom it accrues is under a disability, the action may be brought at any time before the end of six years from the date when the person ceases to be under a disability or dies, whi…
(1) Where— (a) a right of action (including a foreclosure action) to recover land; or (b) a right of a mortgagee of movable property to bring a foreclosure action in respect of the property, has accrued, and— (i) the person in possession of the land or movable property acknowledges the title of the…
(1) Every acknowledgement of the kind mentioned in section 23 of this Act must be in writing and signed by the person making it. (2) The acknowledgement or payment mentioned in section 23 of this Act is one made to the person, or to an agent of the person, whose title or claim is being acknowledged,…
(1) An acknowledgement of the title to any land or mortgaged movable property, by any person in possession thereof, binds all other persons in possession during the ensuing period of limitation. (2) A payment in respect of a mortgage debt by the mortgagor or any person in possession of the mortgaged…
Where, in the case of an action for which a period of limitation is prescribed, either— (a) the action is based upon the fraud of the defendant or his agent, or of any person through whom he claims or his agent; or (b) the right of action is concealed by the fraud of any such person as aforesaid; or…
(1) Section 4(2) does not afford a defence to an action founded on tort where— (a) the action is for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of a written law or independently of a contract or written law); and (b) the damages claimed by…
(1) An application for the leave of the court for the purposes of section 27 of this Act shall be made ex parte, except in so far as rules of court may otherwise provide in relation to applications made after the commencement of a relevant action. (2) Where such an application is made before the com…
(1) In relation to an action to which section 27 of this Act applies, being an action in respect of one or more causes of action surviving for the benefit of the estate of a deceased person by virtue of section 2 of the Law Reform Act (Cap. 26), section 27 of this Act and section 28 of this Act shal…
(1) In sections 27, 28 and 29 of this Act, any reference to the material facts relating to a cause of action is a reference to one or more of the following— (a) the fact that personal injuries resulting from the negligence, nuisance or breach of duty constituting that cause of action; (b) the nature…
Where a period of limitation is prescribed for any action or arbitration by any other written law, that written law shall be construed as if Part III of this Act were incorporated in it.
(1) Where— (a) the access and use of light or air to and for any building have been enjoyed with the building as an easement; or (b) any way or watercourse, or the use of any water, has been enjoyed as an easement; or (c) any other easement has been enjoyed, peaceably and openly as of right, and wit…
Where any land upon, over or from which any easement has been enjoyed or derived has been held for or by virtue of an interest for life or a term of years exceeding three years, the time while the easement is enjoyed during the continuance of the interest or term is excluded in the computation of th…
(1) This Act and any other written law relating to the limitation of actions apply to arbitrations as they apply to actions. (2) Where a submission contains a term that no cause of action shall accrue in respect of a matter, the cause of action, for the purposes of this Act and of any other written…
For the purposes of this Act and any other written law relating to the limitation of actions, any claim by way of set-off or counterclaim is taken to be a separate action and to have been commenced on the same date as the action in which the set-off or counterclaim is pleaded.
Nothing in this Act affects any equitable jurisdiction to refuse relief on the grounds of acquiescence or otherwise.
This Act applies to land registered under the Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) or the Registered Land Act (Cap. 300), in the same manner and to the same extent as it applies to land not so registered, except that— (a) where, i…
(1) Where a person claims to have become entitled by adverse possession to land registered under any of the Acts cited in section 37 of this Act, or land comprised in a lease registered under any of those Acts, he may apply to the High Court for an order that he be registered as the proprietor of th…
(1) A period of limitation does not run if— (a) there is a contract not to plead limitation; or (b) that the person attempting to plead limitation is estopped from so doing. (2) For the purposes of subsection (1) of this section, “estopped” includes estopped by equitable or promissory estoppel.
(1) The law relating to the limitation of actions, whether contained in this Act or in any other written law, applies to actions in the courts of Kenya arising outside, as well as within, Kenya: Provided that, where a foreign law bars either the right or the remedy in respect of a cause of action ar…
This Act does not— (a) enable a person to acquire any title to, or any easement over— (i) Government land or land otherwise enjoyed by the Government; (ii) mines or minerals as defined in the Mining Act (Cap. 306); (iii) mineral oil as defined in the Mineral Oil Act (Cap. 307); (iv) water vested in…
(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 pen…
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 bet…
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…
(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…
The Arbitration Act (Cap. 49) is amended by inserting therein, immediately after section 18 thereof, a new section as follows— 18A. Power of court to extend time for commencing arbitration proceedings Where the terms of an agreement to refer future disputes to arbitration provides that any claims to…
This Act may be cited as the Consumer Protection Act.