NAIROBI, Kenya, Jan 21 – The High Court has upheld a Sh145,000 judgment arising from an agreement that was never written, signed or stamped, affirming that contracts formed through phone calls and WhatsApp messages can be legally binding if key elements of a contract are proven.
In the case of Fredrick Ochiel v Kennedy Okoth (2026), the court was asked to determine whether a leasing agreement for an ultrasound machine, negotiated through calls and WhatsApp messages, amounted to an enforceable contract despite the absence of a formal written document.
According to court records, the machine was collected by the respondent, used for business, partially paid for and never returned.
When full payment was demanded, the defence was that no valid agreement existed because nothing had been put in writing.
The High Court rejected that argument, finding that the parties had agreed on the daily leasing charge, acted on that agreement and maintained consistent communication on payment and return of the equipment through their mobile phones.
In dismissing the appeal, the court reaffirmed a long-standing principle of contract law that a contract does not have to be in writing to be enforceable, provided that offer, acceptance and consideration can be demonstrated.
The court noted that the WhatsApp messages, SMS exchanges, partial payment and conduct of the parties clearly showed a meeting of minds and mutual intention to be bound by the agreed terms.
Judges further held that courts cannot rewrite contracts or shield parties from obligations they voluntarily assume, unless there is evidence of fraud, coercion or illegality, adding that lack of a written agreement is not a defence where surrounding evidence proves the existence of a deal.
