The law of tort: suing someone who harmed you
Judicature Act; Limitation of Actions Act · sources read 3 Oct 2026
Yes. Kenyan courts apply the common law, which includes the law of tort (wrongs like negligence and nuisance), wherever written law does not cover the matter, so you can go to court for compensation if someone harmed you. Most tort cases must be filed within 3 years, and libel or slander within 12 months.
- Deadline
- Most tort claims (like negligence or nuisance): within 3 years of the harm
- Deadline
- Libel or slander: within 12 months
- Where
- In court: the Small Claims Court for claims up to KSh 1 million, otherwise the magistrates' court or High Court. Cases can be filed online on the Judiciary e-filing platform (efiling.court.go.ke).
Steps
- For property damage or personal injury worth up to KSh 1 million, you can file at the Small Claims Court using form SCC 1.
- At the Small Claims Court you can present your own claim or use a representative, who may be an advocate.
- If you were injured through negligence but only learned the key facts later, you can ask the court for permission (leave) to sue after the 3 years.
Watch out
- The Constitution and Acts of Parliament come first. The common law of tort only applies where written law does not cover the matter, and only as far as Kenya's circumstances allow.
- Defamation, libel, slander and malicious prosecution cases cannot go to the Small Claims Court.
- In civil cases where a party is subject to African customary law, courts are guided by it, unless it is unjust, immoral or against written law.
Who this covers
- Every person with a dispute that the law can settle has the right to have it heard in court.
Official sources (4)
- Judicature Act (Cap. 8) new.kenyalaw.org · read 3 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Small Claims Court FAQs (brochure) judiciary.go.ke · read 3 Oct 2026