Legal Challenges to the Formation and Formalities of Online Contracts in Kenya

Abstract

This study looks into the formation as well as formalities of contracts over the internet in Kenya. In particular, it explores the challenges that the internet poses as to the formation and, where applicable, formalities of online contracts in Kenya. As to formation, this study focuses on the essential elements of invitation to treat, offer and acceptance in contracting online. Regarding formalities of contract, it assesses the requirement for writing and signature in certain transactions that may be concluded online. The study also seeks to establish how Kenyan law addresses the legal challenges arising from contracting online. In doing so, a comparison is done with other jurisdictions, in particular, the United Nations (UN), United Kingdom (UK), United States of America (USA) and South Africa (SA). In conclusion, this study gives a summary of the findings and makes recommendations on the way forward.