Being drunk does not automatically cancel a contract in Kenya. But if you were so intoxicated that you could not understand the nature or effect of the agreement, and the other party knew or ought to have known of that state, you may choose to cancel or affirm the contract upon regaining sobriety.
What does Kenyan law say?
Under Section 2 of the Law of Contract Act (Cap 23), English common law principles of contract apply in Kenya. Under those principles, intoxication alone does not make a contract void, meaning automatically without legal effect.
The important question is not simply whether you had been drinking. It is whether you were so intoxicated that you could not understand the nature or effect of the agreement. Having alcohol before agreeing to something is not, on its own, enough.
For example, imagine agreeing to sell your sofa after drinking. Later, you may feel that the price was a bad bargain. Regretting that price is different from having been unable to understand the nature or effect of the agreement.
What did the other party know?
The other party’s knowledge also matters. They must have known or ought to have known of your state. This means the issue is not limited to what they actually knew: it also includes what they ought to have known.
Both parts matter together. Your level of intoxication is one part. Whether the other party knew or ought to have known of that state is the other. Neither should be left out when considering whether this rule applies.
What can you do once sober?
Where those conditions are met, the contract is voidable at the option of the intoxicated person upon regaining sobriety. “Voidable” means there is a choice; the agreement does not simply disappear because alcohol was involved.
You may repudiate, meaning cancel, the contract, or affirm it, meaning choose to stand by it.
If you are concerned about an agreement made while intoxicated, keep copies of the agreement and any related messages. Write down what you remember about the conversation and your condition. An advocate can help you consider those circumstances before you decide what to communicate to the other party.
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.