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Browse our 1 legal question about Contract in Kenya and the lawyer answers, or ask your own questions for free.
Contract law in Nakuru, Kenya, falls under the broader Kenyan legal system, which is premised on the country's constitution. It encompasses the rights, obligations, and remedies applicable when a legally binding agreement between two or more parties is established. This includes business agreements, property leases, employment contracts and others. The legal standards for creating and enforcing contracts are guided by the Kenyan Contract Act and also influenced by case law precedents.
Several situations may necessitate legal intervention in matters relating to contract law. For instance, you may need a lawyer to help draft or review a contract to ensure it complies with Kenyan law, and that your interests are adequately protected. When involved in a contractual dispute, a lawyer can represent your interest in court or during arbitration. Lawyers can also provide advice on breach of contracts, help in contract termination or modification, and give guidance on potential legal repercussions or liabilities.
The Kenyan Contract Act is the primary legislation covering contract matters, and it includes standard principles like free consent, legal object, and capacity of parties to contract. The law insists on agreements being free of coercion, fraud and misrepresentation. Further, provisions in the Kenya Sale of Goods Act and the Industrial Property Act also apply, depending on the nature of the contract. The legal consequences of a breach of contract and remedies are covered extensively in the Kenyan legal system, and can include damages, rescission, and specific performance.
A valid contract in Kenya should have a legal object, mutual agreement, valuable consideration, the capacity of parties, free consent and should not be expressly declared as void by any Kenyan Law. Any agreement not satisfying these requirements could be touted as void or voidable.
Yes, contracts can be terminated, contingent on the terms of the contract, mutual agreement between parties, or court order, especially if a party breaches the contract or fails to fulfil obligations.
A breach of contract occurs when one party fails or refuses to fulfil obligations under the contract. The aggrieved party can seek remedies such as damages or specific performance.
Specific performance is a court order that requires a party to perform specific acts as stipulated in the contract. It's commonly granted when damages are insufficient as a remedy.
Arbitration is an alternative dispute resolution method, where a neutral third party (an arbitrator) is appointed to hear evidence and then makes a decision. It’s usually faster and more cost-effective than a court proceeding.
The Law Society of Kenya (LSK) is a professional body that can provide legal advice and support. The Kenya Law Reports has a comprehensive database of Kenyan laws, case law and legal articles available online. The Attorney General’s Office can be a source of legal advice or guide you to other appropriate resources.
If you need legal assistance, it's advisable to engage an attorney well-versed in contract law. You can find lawyers through referrals, online platforms, or the Law Society of Kenya. Before engagement, ensure the lawyer's credentials are verified, and they hold a current practicing certificate. Always have any financial agreements clearly outlined and preferably in a written fee agreement.
