Imagine this: You’re a busy entrepreneur moving at Smart Speed. A quick DM, a few voice notes, and a deal is struck. You type “Sawa“ or send a thumbs-up emoji 👍. You assume that since no paper was signed, you are not really locked in.
Think again.
In the landmark case of Ochiel v Okoth (Small Claims Appeal E002 of 2025) [2026] KEHC 106 (KLR) (19 January 2026) (Judgment), a biomedical technician learned this the hard way.He leased an ultrasound machine at KSh 1,000 per day entirely through phone calls and WhatsApp messages . When the bill hit KSh 145,000, he tried to walk away, arguing there was no written contract.
The High Court’s response? Your digital footprint is your bond..
The Law: Why Your Phone is a Courtroom
Under Section 3 of the Law of Contract Act, a handshake doesn’t need a pen to be powerful. Justice D.K. Kemei ruled that a contract is formed the moment there is a meeting of minds, regardless of the platform .
To the law, your Digital Handshake is a binding commitment if it contains:
• The Offer & Acceptance: A clear proposal and an agreement, even if buried in a “plethora of messages” .
• The Consideration: Something of value being exchanged (money for a service).
• The Performance: In Ochiel v Okoth, the court ruled that simply picking up the machine and making a small partial payment of KSh 5,000 activated the contract in the eyes of the law.
The Law: Why Your Phone is a Courtroom
The Court was clear: It will not rescue or rewrite a contract for parties who entered into it of their own free will, even if that will was expressed in a disappearing chat thread.
If your business moves at Smart Speed, you aren’t just sending messages; you are creating legal liabilities. Before you send that next “Sawa,” ask yourself: Is my digital handshake backed by solid Facts?.
At S.E. GITAU & CO. ADVOCATES, we protect the you We manage the Brief so you can build with Boldness.
