Kenya Tort Law


This section gives you details on the Kenya tort law.Below are some topics and a comprehensive introduction to the Kenya tort law.
An overview of tort law

Kenya Tort law is a branch of the law which covers civil wrongs, such as defamation and trespassing, among many other transgressions. Under tort law, if someone suffers a physical, legal, or economic harm, he or she may be entitled to bring suit. If the suit is deemed valid, damages may be awarded to the victim to compensate for his or her troubles. Most tort laws are found in regional, state, and national civil codes, which often spell out limits on damages and the statute of limitations for tort cases.
Many people divide Kenya tort law into three rough categories: negligent torts, intentional torts, and strict liability torts.

Intentional torts
Intentional torts under the Kenya tort law are torts which involve a deliberate attempt to harm. Defamation is often viewed as an intentional tort, as is battery, fraud, false imprisonment, and interference with the economic operations of a company.  For intent to exist, the individual must be aware that injury will be the result of the act. A common type of intentional tort is assault. Assault refers to an overt attempt to physically injure a person or create a feeling of fear and apprehension of injury. No actual physical contact need take place for an assault to occur. Battery, on the other hand, is an intentional tort that results from physical contact.For example, if a person picks up a chair and threatens to hit another person, assault has occurred; if the person then actually hits the second person, battery has occurred. Both assault and battery can occur if a person threatens another, causing apprehension and fear, and then actually strikes the other, resulting in actual injury.

Negligent Torts
Under the Kenya tort law,torts arising out negligence are civil wrongs caused by negligent behavior or a failure to practice due diligence. For example, if you are playing soccer in the street and you accidentally kick the ball through someone's living room window, this may be a negligence tort. Medical malpractice and other forms of professional negligence are also covered under the umbrella of negligence torts. The difference between negligence and an intentional tort is that in negligence the acts leading to injury are neither expected nor intended.Click here to read more on Negligence

Strict liability torts
Strict liability torts cover product liability; if a potato peeler takes your finger off when you operate it as directed, the manufacturer could be liable, for example.
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