Kenya Commercial Agreements Overview
Summary
In Kenya, commercial agreements are governed by the Law of Contract Act. Contracts involving significant money must be in writing, require consideration, and have clear terms agreed upon by all parties. Notable case laws include National Bank of Kenya Ltd v Pipeplastic Samkolit (K) Ltd & Another, which dealt with contract enforcement and estoppel, and Kenya Breweries Ltd v Kiambu General Transport Agency Ltd, which involved breach of contract and damages. Other cases like Muriuki Marigi v Richard Marigi Muriuki & 2 others discussed oral agreements, while Githunguri Dairy Farmers Co-operative Society Ltd v Ernie Campbell & Co Ltd focused on contract interpretation.Full Conversation
Kenya
In Kenya, commercial agreements are governed by the Law of Contract Act (Cap. *). Here are some key points:
- Contracts must be in writing if they involve significant amounts of money.
- Consideration is required for a contract to be binding.
- The terms of the contract must be clear and agreed upon by all parties.
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Examples case laws
Here are a few notable case laws related to commercial agreements in Kenya:
- National Bank of Kenya Ltd v Pipeplastic Samkolit (K) Ltd & Another [*] eKLR:
- This case dealt with the enforcement of contract terms, particularly regarding loan agreements and the principle of estoppel.
- Kenya Breweries Ltd v Kiambu General Transport Agency Ltd [*] eKLR:
- This case involved breach of contract and the measure of damages for loss of business.
- Muriuki Marigi v Richard Marigi Muriuki & * others [*] eKLR:
- This case discussed the validity of oral agreements and their enforceability under the Law of Contract Act.
- Githunguri Dairy Farmers Co-operative Society Ltd v Ernie Campbell & Co Ltd [*] eKLR:
- The case focused on the interpretation of contract terms and the obligations of the parties involved.
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