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MagistrateStruck OutCivil Case E008 of 2026· [2026] KEMC 964 (KLR)

RCW (Suing on Behalf of MGC – Minor) v Orumba

Magistrates' Court (Kehancha Law Courts)
30 September 2026
JNJ.P. Nandi
1,610 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court struck out a dog bite compensation claim filed seven years late, confirming the three-year deadline for injury lawsuits is strict.

What this practically means

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Executive summary

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The plaintiff, as next friend of a minor, sued the defendant for special damages of Kshs. 82,000 and general damages for pain, emotional distress and loss of amenities arising from a dog bite sustained by the minor at the plaintiff's farm in 2019. The plaintiff pleaded negligence in failing to restrain the dog, or alternatively strict liability, and relied on the defendant's conviction in Kehancha SPMC CR. No. E140 of 2021. The defendant denied owning the dog, attacked the plaint for want of particulars, and raised a preliminary point that the claim was statute-barred under section 4(2) of the Limitation of Actions Act, Cap 22, the cause of action having arisen in 2019. Both parties adopted written statements; the plaintiff produced exhibits 1-7. The court framed the limitation question, applied section 4(2) (three years for tort), and relying on Gathoni v Kenya Co-Operative Creameries Ltd and Anaclet Kalia Musau v Attorney General, held that limitation is a jurisdictional bar. Finding the three-year period lapsed by end of 2022 and that the plaintiff produced no order granting leave to file out of time, the court held it lacked jurisdiction, struck out the suit, and ordered each party to bear own costs. The merits - ownership, negligence, causation and the effect of the criminal conviction - were never determined.

Key legal issues

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01

Whether the suit was filed outside the three-year limitation period for tort

Holding

Yes. The cause of action arose in 2019 and the three years lapsed by end of 2022; the suit filed in 2026 was out of time and no leave to file out of time was produced

Reasoning

The court applied section 4(2) of the Limitation of Actions Act, computed the three-year period from the 2019 incident, found it expired by end of 2022, and noted the plaintiff produced no order extending time. The suit filed in 2026 was therefore statute-barred.

p. 4
02

Effect of a statute-barred suit on the court's jurisdiction

Holding

A statute-barred suit ousts the court's jurisdiction; the court cannot entertain it or grant the remedies sought, and the plaint must be rejected or struck out

Reasoning

Relying on Anaclet Kalia Musau v Attorney General and the authorities cited therein (Nasra Ibrahim Ibren, Iga v Makerere University), the court treated limitation as a jurisdictional question it could raise suo motu, and concluded it had to 'down tools' for want of jurisdiction.

Legal principles established

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  • An action founded on tort may not be brought after the end of three years from the date the cause of action accrued
  • Limitation is a jurisdictional question; once a suit is statute-barred the court has no jurisdiction to entertain it and cannot grant the remedy sought

Court orders

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  1. 1.The plaintiff's suit is struck out
  2. 2.Each party to bear own costs of the suit
Jurisdiction invoked
Original civil jurisdiction of the magistrates' court; limitation dealt with as a jurisdictional bar under the Limitation of Actions Act, Cap 22

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "RCW (Suing on Behalf of MGC – Minor) v Orumba", Case Analysis (2026). Civil Case E008 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/964/eng@2026-09-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.