If It’s Not in Writing, it Didn’t Happen

“But We Had Agreed…” Why That’s Not Enough

There’s a painful moment that plays out daily in homes, offices, workshops and boardrooms across Kenya. It usually begins with someone saying:

“But we had agreed…”

And the response?

"Where’s the proof?"

In law and in life that moment marks the beginning of a very different conversation. Because courts, clients and even colleagues don’t care about what you meant. They care about what you can prove.

Let’s unpack this, not as lawyers but as people who’ve been burned before.

Why Writing Wins (Even Over the Truth)

In Kenya, verbal agreements are legal. But here’s the catch, they’re only enforceable if no one denies them.

Once the other person says,

‍“That’s not what I said,” or, “That’s not what we agreed,”‍

you’re no longer in an agreement. You’re in a dispute.

Courts give weight to what’s documented, not what’s remembered. And in high-stakes matters (money, work, land, family), memory is the weakest witness in the room.

So, the rule is simple:

If it’s not in writing, it didn’t happen.

Two Real-World Scenarios (and How to Handle Them)

1. The Boss Who Hates Paperwork

Your supervisor says:‍

“You’re taking on more responsibilities. Don’t worry, your raise is coming.”

But there’s no email. No memo. No adjustment letter.

Here’s how you protect yourself without being confrontational.

“Hi [Name], just confirming our chat today. I’ll now be handling A, B, and C as discussed. A salary adjustment of [amount] is expected to apply from [date]. Let me know if I’ve misunderstood anything.”

Why this works:

• It sounds professional, not pushy.
• If they don’t correct you, the silence matters.
• Courts treat this as a contemporaneous record. If they respond with “Noted” or “Thanks,” even btter.

2. The Fundi or Service Provider

You hire someone to do a job, plumbing, décor, repairs. They say:

“This is simple, hakuna shida, no need for a contract.”

Don’t argue. Just send this after:

“Hi, just confirming you’ll supply and install [items] by [date]. We agreed on [amount] with [deposit terms]. Let me know if anything is different.”

You’ve now:

• Defined the scope.
• Locked the price.
• Created room for objection (and their silence is legally useful).

This message could save you thousands when timelines are missed or excuses flood in.

“But They Never Signed…” Why That Doesn’t Matter

Kenyan courts recognize informal writings, emails, texts, WhatsApp messages, voice notes, as part of electronic evidence.

The power is in:

• The timing (sent close to the conversation).
• The language (polite but precise).
• The response (or lack of objection).

If someone ghosts, delays or backtracks, your written message becomes Exhibit A.

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