The High Court has upheld a KSh145,000 judgment in a dispute arising from an agreement that was never written, signed or stamped, affirming that WhatsApp conversations and phone communication can create a legally binding contract.
In Fredrick Ochiel v Kennedy Okoth (2026), the court dealt with a dispute involving an ultrasound machine that had been leased through phone calls and WhatsApp messages. The machine was collected, used for business, partially paid for, and later not returned as agreed.
When the owner demanded payment, the defence argued that there was no valid agreement because nothing had been formally documented in writing.
However, the court rejected that argument, finding that the parties had agreed on key terms including the daily charge and acted on that agreement.
The court held that the conduct of both parties, combined with consistent communication through WhatsApp messages, SMS exchanges and follow-up phone calls, proved there was a clear meeting of minds and an enforceable contract.
In dismissing the appeal, the High Court reaffirmed a long-standing principle of contract law: a contract does not have to be in writing to be valid, as long as offer, acceptance and consideration can be established.
The court emphasized that courts do not rewrite contracts or rescue parties from obligations they voluntarily entered into, unless there is proof of fraud, coercion or illegality.
The ruling now serves as a warning to Kenyans who casually agree on business terms through messages and calls, only to later deny responsibility when disputes arise.
The court made it clear that WhatsApp chats are not “just conversations” they can become evidence in court, and once an agreement is acted upon, legal obligations can arise even without a signed document.
