Claim for Breach of Contract – Kenya by wansom.ai

A Claim for Breach of Contract is a formal legal pleading used in Kenya when one party alleges that another party has failed to honour the terms of a valid and enforceable contract. This document is jurisdiction-specific to Kenya and is governed by the Law of Contract Act (Cap 23) and the Civil Procedure Rules, 2010, which set out the framework for initiating and prosecuting civil claims in the Magistrates’ and High Courts.

This claim is intended for individuals, businesses, contractors, suppliers, employers, employees, service providers, companies, and any party who has suffered loss due to another party’s failure to perform contractual obligations. It is commonly used in disputes involving supply of goods, provision of services, employment agreements, construction contracts, lease agreements, loan agreements, partnership arrangements, and other commercial or private dealings.

A well-drafted Claim for Breach of Contract outlines the existence of a valid contract, the specific contractual terms, the nature of the breach (such as non-performance, delayed performance, defective performance, or repudiation), and the loss or damage suffered by the claimant. It also identifies the remedies sought, which may include general damages, special damages, specific performance, interest, injunctions, or rescission of the contract. Under Kenyan law, the claimant must clearly plead and prove special damages, while general damages may be awarded at the court’s discretion.

The claim is typically filed through a plaint, accompanied by a verifying affidavit, witness statements, and supporting documents such as contracts, receipts, correspondence, invoices, or emails showing the breach. Once filed, the court issues summons requiring the defendant to respond.

This document is essential for enforcing contractual rights, holding defaulting parties accountable, and ensuring predictable, fair commercial transactions within Kenya’s legal system.