How Long Do You Have to Sue for Medical Negligence in Kenya?

Many families wait before seeking legal advice after a medical injury or death. Grief, recovery and uncertainty are understandable reasons. But the law imposes strict deadlines, and a strong claim can be lost entirely if it is filed too late.

The general rule: three years

Medical negligence is a claim in tort. Under section 4(2) of the Limitation of Actions Act, an action founded on tort may not be brought after the end of three years from the date on which the cause of action accrued. Kenyan courts have applied this rule to claims against hospitals, including national referral hospitals.

Claims founded on contract carry a longer period of six years, and defendants sometimes argue over how a claim should be characterised, as in Humphrey Kiriungi Njagi v Aga Khan Health Services. How a claim is framed therefore matters from the outset.

Can the time limit be extended?

Section 27 of the Act allows the court to extend time in negligence cases where material facts of a decisive character were outside the claimant's knowledge during the limitation period. Leave of the court must be sought, and the claimant must satisfy the statutory conditions. Courts apply these conditions strictly: in John Kimathi Gikunda v Racheal Muthoni Njeru (2020), the application failed because the applicant could not show the material facts were outside his knowledge in time.

Claims against public hospitals

Where the defendant is a public body, additional statutory rules may apply. In Mano v Kenyatta National Hospital (2024), the hospital argued that the claim was time-barred under the Public Authorities Limitation Act read with the Limitation of Actions Act. Claims against public facilities should be assessed urgently.