Frequently Asked Questions
Is a letter of engagement legally binding in Kenya?
A letter of engagement can be binding if it contains the essential elements of a contract — offer, acceptance, consideration, and certainty of terms. Many letters of engagement are intended as binding pre-contracts, while others are merely confirmatory. The document should state clearly whether it is binding.
What is the difference between a letter of engagement and a contract?
A letter of engagement is typically shorter and less formal, used to confirm the start of a professional relationship before a full contract is signed. It sets out the key terms — scope, fees, and timeline — and is often used by lawyers, accountants, and consultants.
Is a letter of engagement valid in common law countries?
Yes. Letters of engagement are widely used across the UK, Australia, Kenya, and other common law jurisdictions. In professional services, they are often the only document in place and are treated as binding contracts if they meet the basic contractual requirements.