A contract with an Indian party should name the governing law, provide for arbitration at a seat whose awards India enforces, specify payment security such as a letter of credit, and set clear delivery and inspection terms. Because Kenyan judgments need a fresh suit in India, arbitration is usually the stronger protection. We draft and review the Indian side of supply, distribution and agency agreements for Kenyan businesses.
- Document route
- Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
- Time difference
- IST is 2h30 ahead of Kenya all year (no daylight saving)
- Core law
- Indian Contract Act 1872
- Foreign awards
- Part II, Arbitration Act 1996
Commercial Contracts from Kenya: how it works
We review the commercial terms first: Incoterms, quality standards, inspection, payment timing and the currency. For pharmaceuticals, we add regulatory obligations, since products must meet Kenyan registration requirements. For distribution or agency arrangements, we set out exclusivity, termination and post-termination obligations clearly, because disputes often arise when an Indian manufacturer appoints a second distributor in Kenya. The dispute clause names the seat, institution, language and number of arbitrators.
If the contract is signed in Kenya, the Indian party pays stamp duty within three months of receiving it in India; otherwise the contract cannot be relied on in Indian proceedings until duty and penalty are paid. We confirm that the arbitration seat is notified by India under section 44 of the Arbitration and Conciliation Act, so that awards are enforceable under Part II. For urgent protection, an Indian court can grant interim measures under section 9 even when arbitration is seated abroad, unless the parties exclude it.
What clients in Kenya should know
- Letters of credit confirmed by a Kenyan bank protect an exporter far better than open account terms with a new Indian buyer.
- Indian exporters are bound by FEMA rules on realising export proceeds, which can help Kenyan buyers negotiate documentation but also affects refund mechanics.
- Kenyan buyers should insist on certificates of analysis and pre-shipment inspection for pharmaceutical and food imports from India.
Step by step from Kenya
Video consultation
A call at a time that suits Kenya, after we have read your documents.
Documents signed in Kenya
Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Kenya where needed.
The full guide
This page covers what changes when you are in Kenya. For the law, the documents and the step-by-step procedure, read our main page on Commercial Contracts, or see all services for clients in Kenya and the Doing Business in India practice area.
Questions from clients in Kenya
Which law should govern a Kenya and India supply contract?
Many parties choose English law or Indian law with a neutral arbitration seat. The choice matters less than a clear, enforceable dispute clause.
Can we use Swahili in the contract?
You can, but an English version for use in India avoids translation disputes. State which language prevails.
What if the Indian supplier refuses to arbitrate?
Indian courts refer parties to arbitration where a valid clause exists, and an award can be enforced against the supplier's Indian assets.