When someone breaks an agreement (breach of contract)
Law of Contract Act; Limitation of Actions Act · sources read 3 Oct 2026
Kenya applies the English common law of contract, so a valid agreement can be enforced in court, and a written contract is not invalid just because it has no seal. A claim based on a contract must be filed within 6 years from the date the right to sue arose.
- Deadline
- Claims on a contract: within 6 years from the date the right to sue arose
- Where
- The other party first (talk or mediation); the Small Claims Court for claims up to KSh 1 million; a magistrates' court or the High Court for bigger claims
Steps
- Try to settle it first. The Constitution says courts must promote reconciliation, mediation, arbitration and traditional dispute resolution.
- For claims up to KSh 1 million over a contract for goods, services or money, you can file at the Small Claims Court.
- Bigger claims go to the ordinary courts. The High Court can hear any civil claim, whatever the amount.
Watch out
- A promise to pay someone else's debt (a guarantee) cannot be enforced in court unless it is in writing and signed by the person who gave it, or someone they authorised.
- An agreement to sell or transfer land cannot be enforced unless it is in writing and signed by all the parties, with each signature witnessed.
- If the claim is based on fraud or a mistake, or fraud hid it from you, the 6 years only start when you found out, or could reasonably have found out.
Who this covers
- Anyone who made an agreement in Kenya: the English common law of contract, as modified by equity, applies unless a Kenyan written law says otherwise.
- People and businesses with a claim over a contract to sell or supply goods or services, or over money held or received.
Official sources (4)
- Law of Contract Act (Cap. 23) new.kenyalaw.org · read 3 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Small Claims Court judiciary.go.ke · read 3 Oct 2026