ADVOKS GLOBAL · KENYA
Limitation of Actions Act
12. Accrual of right of action in case of certain tenancies
Edition: 2022-12-31 · In force
12. Accrual of right of action in case of certain tenancies
(1)A tenancy at will is taken to be determined at the end of one year from its commencement, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy accrues on the date of such determination.(2)A tenancy from year to year or other period, without a lease in writing, is taken to be determined at the end of the first year or other period, and accordingly the right of action of the person entitled to the land subject to the tenancy accrues at the date of such determination:Provided that, where any rent has subsequently been received in respect of the tenancy, the right of action accrues on the date of the last receipt of rent.(3)Where any person is in possession of land by virtue of a lease in writing by which a rent is reserved, and—(a)the rent is received by some person wrongfully claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and(b)no rent is subsequently received by the person rightfully so entitled, the right of action of the last-named person to recover the land accrues at the date when the rent was first received by the person wrongfully claiming as aforesaid and not at the date of the determination of the lease.