Contracts we work on
We advise on the agreements businesses in Kenya rely on every day, including:
- Supply and purchase agreements
- Service and consultancy agreements
- Distribution, agency and franchise agreements
- Non-disclosure and confidentiality agreements
- Partnership and collaboration agreements
- Licensing and technology agreements
- Standard terms and conditions of business
The Kenyan legal framework
Kenyan contract law is largely based on common-law principles, applied through the Law of Contract Act and the decisions of Kenyan courts. Certain contracts must be in writing to be enforceable — notably contracts for the disposition of an interest in land. Some instruments attract stamp duty, and limitation periods restrict how long a party has to bring a claim for breach of contract.
Where a contract involves a foreign party, the choice of governing law and dispute forum becomes especially important. Arbitration under the Arbitration Act 1995 is often preferred for cross-border commercial contracts because awards can be enforced internationally.
Clauses that decide disputes
Most contract disputes turn on a handful of terms: scope and specifications, payment and price adjustment, limitation and exclusion of liability, indemnities, termination rights, force majeure, and dispute resolution. We focus our review on these clauses and explain in plain language what each one means for your business.
Common risks and mistakes
- Signing the other side's standard terms without reviewing liability and termination clauses.
- Using foreign templates that do not fit Kenyan law or regulatory requirements.
- Vague scopes of work that leave room for argument about what was agreed.
- Missing or unclear dispute resolution clauses, which add cost and delay when a dispute arises.
- Letting claims run out of time under limitation rules.
Who should seek counsel
- Businesses negotiating significant supply, distribution or service contracts
- Companies standardising their terms of business
- Foreign businesses contracting with Kenyan counterparties
- Managers dealing with a contract that is not being performed
How we work
- 1Understand the commercial dealWe learn what you are trying to achieve and where your risks lie.
- 2Draft or reviewWe prepare the contract or mark up the other side's draft with clear explanations.
- 3NegotiateWe negotiate key terms directly or support your team in negotiations.
- 4Sign and manageWe finalise, advise on stamping where required, and support you if issues arise later.
Advocates for this matter
Frequently asked questions
Many contracts can be oral, but writing is strongly recommended for any significant agreement. Some contracts, such as contracts for the disposition of an interest in land, must be in writing and signed to be enforceable.
Limitation periods under Kenyan law restrict how long a claim can be brought, and the period for a claim founded on contract is generally six years from when the cause of action arose. Specific contracts or circumstances can differ, so take advice early.
It depends on the relationship, the value at stake and whether the other party is foreign. Arbitration offers confidentiality and international enforceability; courts can be better suited to urgent relief or simpler claims.
Yes. Our contract review service focuses on the clauses that carry the most risk and explains them in plain language. Contact us with the draft and your deadline.
Related legal services
This page gives general information about Kenyan law and is not legal advice for your situation. Contacting us does not create an advocate–client relationship. Last reviewed 8 Oct 2026.