By Andrew Kariuki
The High Court has upheld a Ksh145,000 judgment arising from an agreement formed through phone calls and WhatsApp messages, reaffirming that contracts need not be written to be legally binding.
In the decision delivered in Small Claims Appeal No. E002 of 2025, the court dismissed an appeal filed by Fredrick Ochiel, who had challenged a ruling of the Siaya Small Claims Court that ordered him to pay Kennedy Okoth for the hire of an ultrasound machine.
The dispute arose after the parties negotiated the lease of the machine through telephone conversations and WhatsApp messages.
The machine was later collected, put into use and partially paid for.
However, the balance remained unpaid and the equipment was not returned, prompting Okoth to file a claim.
Ochiel disputed liability, arguing that there was no formal written agreement between the parties.
The Small Claims Court rejected that defence and entered judgment against him, leading to the appeal before the High Court.
In dismissing the appeal, the High Court found that the absence of a written contract did not invalidate the agreement.
The court noted that the evidence showed the parties had agreed on the daily rental charge, acted on those terms, and maintained consistent communication regarding payment and return of the equipment.
The court held that the combination of WhatsApp messages, phone conversations, partial payments and the conduct of the parties demonstrated a clear meeting of minds, sufficient to establish a valid contract.
The judge further observed that Kenyan contract law recognises oral agreements, provided that offer, acceptance, and consideration can be proved.
The court stated that it would not rewrite agreements or relieve parties from obligations they freely undertook, unless there was proof of fraud, coercion, or illegality.
As a result, the High Court upheld the Small Claims Court’s judgment, confirming the Ksh145,000 award in favour of Okoth.
The ruling reinforces the legal position that digital communications, including WhatsApp messages, can constitute enforceable contractual evidence when supported by conduct and performance.
