What makes a contract enforceable in Kenya

A contract doesn't have to be a formal printed document to be legally binding in Kenya — a verbal agreement, or even conduct implying agreement, can be enforceable. But "technically enforceable" and "easy to prove" are very different things, which is why written contracts matter so much in practice.

The basic ingredients

Generally, a contract needs:

• An offer — one party proposes specific terms.
• Acceptance — the other party agrees to those same terms, without changing them (a counter-offer isn't acceptance).
• Consideration — something of value is exchanged (payment, a service, a promise).
• Intention to be legally bound — both sides genuinely meant to create a legal obligation, not just a casual arrangement.
• Capacity — both parties are legally able to contract (of age, of sound mind, not otherwise barred).

Why "get it in writing" is the standard advice

If a dispute happens, a written contract is direct evidence of what was actually agreed. A verbal agreement leaves you relying on memory, messages, and witnesses to reconstruct terms — much harder to enforce, and much easier for the other side to dispute what was actually promised.

Things worth checking before you sign anything

• Who exactly are you contracting with — an individual, or a specific registered company? Get the correct legal name.
• What happens if either side doesn't perform — is there a remedy or penalty specified?
• How can the contract end — notice periods, termination rights, what happens to anything already paid.
• Dispute resolution — does it specify mediation, arbitration, or a particular court?
• Confidentiality (NDAs) — if you're sharing sensitive business information, is it protected, and for how long?

A note on NDAs specifically

A non-disclosure agreement is only as useful as it is specific — a vague NDA that doesn't clearly define what's confidential, for how long, and what the consequences of a breach are, is hard to enforce if it's ever actually tested.

This is general information about how contracts work, not a review of any specific agreement. Before signing something with real money or real risk attached, it's worth having an advocate actually read it.