Contract law in Kenya is governed by the Law of Contract Act and the Sale of Goods Act.

‘Internet
agreements’ or contracts just like any other contract is therefore regulated by the same laws bar a few
additions e.g. the Kenya Information and Communication Act and the Consumer Protection Act.

Consumer Protection Act.

The interpretation section of the Act defines ‘internet agreement’ as consumer agreement formed by
text-based internet communications. Further sections 31, 32 and 33 on disclosure of information on
internet agreement, availing of a copy of the agreement to a consumer and circumstances for
cancellation of an internet agreement prescribes the basic requirement for an online transaction in
Kenya.

Section 16 of the act provides for circumstances that a consumer (buyer) can rescind an agreement. This
is when the other party (seller) to the agreement has engaged in an unfair practice which include;

1. False representation-e.g. that goods are of a certain quality, standard, grade or model
2. Unconscionable representation
3. Renegotiation of the price

Sale of Goods Act

Sale by description (section 15)- S.15 provides that, where goods are sold by description, there is an
implied condition that the goods correspond with the description as well as the sample.

Fit for purpose (section 16 a)- The particular purpose was made known to the seller, expressly or by
implication. The goods are of a description which is in the course of the seller's business to supply. The
buyer relied on the seller's skill or judgement. The reliance will generally be assumed, and is based on
the fact that selling the goods is the seller's profession or business.

Sale by sample (section 17)-If a seller sells bulk goods by sampling, then he gives a warranty that the
bulk goods correspond to the samples tested. Sometimes, the sample tested is of a different quality
from the bulk and often times, the sample is of higher quality than the bulk. Such differences can nullify
the sale transaction. The buyer can reject the goods and have money refunded.

Remedies.

S.13 (1) provides that the breach of a condition entitles the buyer to treat the contract as at an end and
to sue for damages, or to affirm the contract and sue for damages. However, Section 13(3) provides that
a buyer must treat a breach of condition as a breach of warranty where the contract is not
severable and he has accepted the goods or some of them.

Other remedies in the act include

Rejection where wrong quantity delivered-section 31

Right of examining goods- section 35

Action for non-delivery and damages-section 51

Right to specific performance –section 52