The High Court of Kenya has ordered filmmaker Tosh Gitonga to pay more than Sh1 million after ruling that a series of WhatsApp conversations with editor Christian Kramer constituted a legally binding contract.
In a landmark decision, the court held that the digital exchanges between the two parties created an enforceable agreement, despite the absence of a formally signed written contract. The ruling underscores the legal recognition of electronic communications in contractual negotiations.
The dispute arose from professional engagements between the filmmaker and the editor, with the court finding that the WhatsApp messages clearly demonstrated mutual agreement on the terms of their working relationship.
Legal experts say the judgment sets an important precedent for Kenya's creative industry and the wider business community, reinforcing that agreements reached through digital platforms such as WhatsApp can carry the same legal weight as traditional contracts when they satisfy the requirements of contract law.
The decision is expected to influence how professionals and businesses conduct negotiations electronically, highlighting the importance of exercising caution when making commitments through messaging applications.
Source Attributed: Nation Newspaper