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Consulting Agreement

A Consulting Agreement formalises the relationship between a consultant and their client. Covers scope of advice, fees, confidentiality, and liability limitations.

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Drafted to comply with Kenyan law and international common law standards.

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What this document covers

Consultant and client details
Scope of consulting services
Fees and payment schedule
Confidentiality obligations
IP ownership of work product
Independent contractor status
Limitation of liability
Termination and notice period
Governing law clause

Frequently Asked Questions

Is a consulting agreement different from an employment contract in Kenya?
Yes. A consulting agreement creates an independent contractor relationship — the consultant is not an employee and is not entitled to statutory benefits (NSSF, NHIF, annual leave, etc.). However, if the actual working arrangement resembles employment, the Employment Act 2007 may apply regardless of the label.
What should a consulting agreement include?
Scope of consulting services, fees and payment schedule, duration or notice period, confidentiality, IP ownership of any work product, limitation of liability, and the independent contractor status of the consultant.
Is a consulting agreement enforceable internationally?
Yes. Consulting agreements are standard commercial contracts enforceable across all common law jurisdictions. Specify governing law if the consultant and client are in different countries.