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Small ClaimsDismissedKitale SCC CC. No. E047 of 2024· [2024] SCC 11 (KLR)

Sirengo v Ndiwa (Claim E047 of 2024) [2024] SCC 11 (KLR)

Small Claims Court, Kitale
16 September 2024
TOT.O. Omono
372 words in judgment
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The bottom line

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A Kenyan court confirmed you have 12 years to sue on a judgment, not the usual 3-year limit for tort claims.

What this practically means

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Executive summary

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The Respondent filed a Notice of Preliminary Objection dated 19th August 2024 seeking dismissal of the Claimant's claim on the ground that it was time-barred under section 4(2) of the Limitation of Actions Act, Cap. 22. The objection was canvassed orally before the Small Claims Court at Kitale. The court noted it was common ground that the tort complained of occurred on 20th April 2021, which would ordinarily attract the three-year limitation in section 4(2). However, the court held that the claim before it was not founded directly on the tort but on the judgment delivered in Kitale CMC Criminal Case Number MCCR/E2595/2021 on 03rd July 2024. The applicable limitation provision was therefore section 4(4) of the Act, which allows an action upon a judgment within twelve years of the date the judgment was delivered. On that basis, the claim was not statute-barred. The court concluded that the preliminary objection was bereft of merit, dismissed it, and awarded costs to the Claimant, assessed at Kshs. 5,000/=. The judgment was signed and dated 15th September 2024 and delivered in open court at Kitale on 16th September 2024 by T.O. Omono, Adjudicator. The claim itself now proceeds, the objection having failed.

Key legal issues

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01

Whether the claim is statute-barred under section 4(2) of the Limitation of Actions Act

Holding

The claim is not statute-barred because it is founded on a judgment delivered on 03rd July 2024, so the 12-year period in section 4(4) applies rather than the 3-year tort limitation

Reasoning

The court accepted that the underlying tort occurred on 20th April 2021, but held that the claim before it is founded on the judgment in Kitale CMC Criminal Case Number MCCR/E2595/2021 delivered on 03rd July 2024. Section 4(4) permits an action upon a judgment within 12 years of delivery, so the claim is well within time and the preliminary objection fails.

p. 1

Legal principles established

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  • A claim founded on a judgment is governed by section 4(4) of the Limitation of Actions Act, allowing 12 years from delivery of the judgment, not the 3-year tort limitation under section 4(2).

Court orders

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  1. 1.The Respondent's Notice of Preliminary Objection dated 19th August 2024 is dismissed with costs to the Claimant, assessed at Kshs. 5,000/=
Jurisdiction invoked
Article 157 of the Constitution / Small Claims Court Act (not expressly stated; court sat as Small Claims Court, Kitale)

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, "Sirengo v Ndiwa (Claim E047 of 2024) [2024] SCC 11 (KLR)", Case Analysis (2024). Kitale SCC CC. No. E047 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2024/11/eng@2024-09-16

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