Point in Time
Act No: CAP. 23
[ Date of commencement: 1st January, 1961. ]
Short title

This Act may be cited as the Law of Contract Act.

English law of contract to apply in Kenya

Save as may be provided by any written law for the time being in force, the common law of England relating to contract, as modified by the doctrines of equity, by the Acts of Parliament of the United Kingdom applicable by virtue of subsection (2) of this section and by the Acts of Parliament of the United Kingdom specified in the Schedule to this Act, to the extent and subject to the modifications mentioned in the said Schedule, shall extend and apply to Kenya:

Provided that no contract in writing shall be void or unenforceable by reason only that it is not under seal.


After the commencement, and subject to section 4, of this Act, the provisions of section 74 of the Kenya (Constitution) Order in Council, 1958, shall have effect, in relation to paragraph (2) of Article 4 of the Kenya Colony Order in Council, 1921, as if the Contract Act, 1872, of India had never been applied to Kenya.

[Vol. V, (1948), Act No. 9 of 1872, L.N. 87/1964, Sch.]

Application of Indian Act

The Contract Act, 1872, of India (now repealed in its application to Kenya) shall, notwithstanding such repeal, continue to apply to any agreement made or contract entered into before the commencement of this Act.

[Act No. 9 of 1872, Act No. 3 of 1987, s. 10.]


[Section 2.]

The Law Reform (Married Women and Tortfeasors) Act, 1935 (25 and 26 Geo. 5,

Paragraphs (b) and (c) of section 1 in so far as they relate to contract, debt or obligation (not being a debt or obligation arising out of the commission of a tort).

The Law Reform (Frustrated Contracts) Act, 1943 (6 & 7 Geo. 6, c. 40)

The whole Act: Provided that the reference in paragraph (c) of subsection (5) of section 2 to section seven of the Sale of Goods Act (Cap. 31) shall be construed as a reference to section 9 of the Sale of Goods Act (Cap. 31).