Martin Mutisya Muthengi v Standard Group Ltd,Standard Ltd & 3. Kenneth Kwama [2013] KEHC 6212 (KLR)

REPUBLICOF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL DIVISION

Civil Case  No. 325 Of 2012

Martin Mutisya Muthengi……………..……..….….....PLAINTIFF

VERSUS

1. THE Standard Group Ltd

2. THE Standard Ltd

3. Kenneth Kwama ....………..…..….......….......…DEFENDANTS

R U L I N G

1.     Section 4(2) of the Limitation of Actions Act, Cap 22 provides as follows -

“An action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued:

Provided that an action for libel or slander may not be brought after the end of twelve months from such date.”

2.     The provisions of section 27 of the same Act (extension of the limitation period) are not applicable to actions for defamation.

3.     The cause of action as pleaded in the present suit (paragraph 5 of the plaint dated 27th June 2012) accrued on 10th August 2010.  The suit was filed on 29th June 2012, way out of the period of limitation referred to above.  The proceedings before the Complaints Commission of the Media Councilpleaded in paragraph 8 of the plaint do not afford an answer in law against a defence of limitation.  At any rate no such answer in law has been brought to the attention of the court.

4.     In the circumstances I will uphold the preliminary objection raised by the Defendants by notice dated 16th October 2012.  The suit herein having been filed out of the statutory period of limitation, and there being no provision under statute for extension of that period, the suit is hereby struck out with costs to the Defendants.  It is so ordered.

DATED AND SIGNED AT NAIROBI THIS 4TH  DAY OF JULY 2013

H. P. G. WAWERU

JUDGE

DELIVERED AT NAIROBI THIS  5TH DAY OF JULY 2013