OBLIGATIONS OF PARTIES TO A CONTRACT
The parties to a contract under Kenya law must either perform, or offer to perform, their respective promises, unless such performance in dispensed with or excused under the provision of this Act, or of any other law.
Promises bind the representative of the promisor in case of the death of such promisors before performance, unless a contrary intention appears from the contract.
EFFECT OF REFUSAL TO ACCEPT OFFER OF PERFORMANCE
Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor under Kenya law is not responsible for non-performance, nor does he thereby lose his rights under the contract.Every such offer must fulfill the following conditions -
(1) it must be unconditional;
(2) it must be made at a proper time and place, and under such circumstances that
the person to whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is been made is able and willing there and then to do the whole of what he is bound by his promise to do;
(3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver. An offer to one of several joint promisees has the same legal consequences as an offer to all of them.
EFFECT OF REFUSAL TO PERFORM WHOLLY
When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may under Kenya law put an end to the contract,unless he has signified, by words or conduct, his acquiescence in its continuance.
PERSON BY WHOM PROMISES IS TO BE PERFORMED
If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contain in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representative may employ a competent person
to perform it.
EFFECT OF ACCEPTING FROM THIS PERSON
Under Kenya laws, when a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.