COVID-19 and Its Impact on Contractual Relations: How to Mitigate Damages, Renegotiate Your Contracts and Avoid Disputes (Part II)

The COVID-19 pandemic and Government-imposed measures to contain its spread have triggered a large-scale disruption of the Kenyan economy, leading to a slowdown in many sectors. Given the local and global effects of the pandemic, businesses are grappling with their inability to meet their obligations under existing contracts.

In Part I of our series, we addressed how parties may rely on force majeure clauses as a defense to non-performance or delayed performance of their contractual obligations amidst the pandemic. What happens in circumstances where COVID-19 has made performance impossible but your contract lacks a force majeure clause?

In Part II of the series, we explore the application of the common law principles of frustration, impossibility and impracticability of performance. Click here to read the full article.

Should you have any questions on the impact of COVID-19 on your contractual agreements, please do not hesitate to contact Dominic Rebelo or Luisa Cetina


Dominic Rebelo


ALN Kenya |Anjarwalla & Khanna

Luisa Cetina


ALN Kenya |Anjarwalla & Khanna


The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.


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