Kennedy Wambua Sukali v Nairobi Hospital & another [2022] KEHC 773 (KLR)
- Court
- High Court of Kenya
- Case number
- 773
- Citation
- [2022] KEHC 773 (KLR)
- Decided
- 1 April 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff seeks leave to file suit out of time and for the suit to be deemed duly filed with leave.CoramJ. K. SERGON
Holding
The court dismisses the Motion for lack of merit. There will be no order on costs.
Facts
The plaintiff was employed by the Nairobi Hospital and subsequently charged with theft by servant by the Director of Public Prosecutions. He was acquitted in 2020. He faced financial constraints and took out the ex parte Notice of Motion to file his suit out of time.
Issues
- Whether the plaintiff can file his suit out of time due to the Public Authorities Limitation Act and the Limitation of Actions Act.
- Whether the court can extend the time to file a suit for malicious prosecution claims.
Reasoning
The court finds that the provisions of the Public Authorities Limitation Act and the Limitation of Actions Act do not apply to malicious prosecution claims. The court cannot extend the time to file a suit for malicious prosecution.
Outcome
Dismissed
Orders
- No order on costs.
Authorities cited
Legislation (3)
- Public Authorities Limitation Act Cap 39
- Limitation of Actions Act Cap 22
- Section 27 of the Limitation of Actions Act
Cases cited (3)
- Mary Ofundwa v Nzoia Sugar Company Limited
- Omari Ismael Mazzha v Office of the Director of Public Prosecutions
- Peter Gichuki Mwangi v Kenya Copyright Board
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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