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⚖ Order 50 • 365 Days Section 4(2) Proviso of the Limitation of Actions Act (Cap 22)

12-Month (1 Year) Statutory Limitation Period for Defamation (Libel & Slander — Section 4(2))

An action for libel or slander may not be brought after the end of 12 months from the date on which the cause of action accrued.

Statutory Window

365 Days

Governed by Section 4(2) Proviso of the Limitation of Actions Act (Cap 22) and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (365 Days)

An action for libel or slander may not be brought after the end of 12 months from the date on which the cause of action accrued.

Key Practice Questions

What happens if the last day of the 365-day period under Section 4(2) Proviso of the Limitation of Actions Act (Cap 22) falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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