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How long do I have to file a negligence claim in Kenya?
How long do I have to file a negligence claim in Kenya?
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Comments:
Maurice
said:
The time limit for filing a negligence claim in Kenya is governed by the Limitation of Actions Act. The general limitation period for personal injury claims is three years. However, time limit may vary depending on the specific circumstances of your case. For example, the limitation period may be extended if you were not aware of the negligence until later. Filing a negligence claim after the prescribed time has lapsed renders the claim time-barred. You may lose the right to seek compensation for your injuries or damages.
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Winfred
said:
In Kenya, the Limitations of Actions Cap 22 provides for extension to file for a negligence claim under section 27. The general limitation period is three years from the date of knowledge of the damage. The damages claimed by the plaintiff for negligence includes damages in respect of personal injury of any person. The court has, whether before or after the commencement of the action, be granted leave. If the limitation period has expired the claim can be defended on the basis that it is 'time barred' regardless of the substantive merits of the claim. The material facts relating to the cause of action should be facts of a decisive character which at all times were outside the plaintiff's knowledge until a date which was ; Either after the three-year period of limitation prescribed for that cause of action or was not earlier than one year before the end of that period or in either case, was a date not earlier than one year before the date on which the action was brought.
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