Illegal Contracts in Kenya – What You Need to Know
Contracts are the backbone of any business transaction, and they provide the necessary framework for the successful execution of any deal. However, not all contracts are legal, and it is important to understand the key elements of an illegal contract to protect yourself from the unscrupulous individuals who prey on unsuspecting victims.
In Kenya, an illegal contract is one that is prohibited by law. Such contracts are void ab initio, which means that they are null and void from the start. It is important to note that any contract that contravenes public policy or violates any statute is illegal.
One common example of an illegal contract in Kenya involves agreements that infringe on the individual rights of citizens. For instance, an employment contract that forces an employee to work in unsafe or unhealthy conditions is illegal, as it violates the Occupational Safety and Health Act.
Similarly, contracts that engage in discriminatory practices, such as those that bar certain individuals from accessing employment opportunities based on their gender, race, or religion, are illegal.
Another type of illegal contract in Kenya involves agreements that seek to engage in criminal activities. Contracts that involve the trafficking of narcotics, stolen goods, or counterfeit products are illegal and can land you in jail.
It is also essential to note that contracts signed under duress or coercion are illegal. If you are forced to sign a contract or are deceived into signing one, you have the right to revoke it.
In conclusion, contracting in Kenya can be a risky business, but by understanding the key elements of an illegal contract, you can protect yourself from any illegal or unscrupulous activities. Always exercise due diligence and seek legal advice before signing any contract, especially when entering into deals with unfamiliar parties. Remember, prevention is better than cure.
