General Damages For Breach Of Contract? Lessons From Kenya And Uganda

When someone breaches a contract, the other party usually wants compensation. In East Africa, claimants commonly seek both “special damages” (specific losses provable with receipts and figures) and “general damages” (a broader award for harm that is harder to pin down). But can you claim general damages for breach of contract? This article discusses the legal position in Kenya and Uganda.

What do the Kenyan courts say?

Kenyan courts start from the position that most losses arising from a breach of contract can be calculated. If a figure can be worked out, the claimant must prove it with evidence. You cannot simply ask for a round sum and call it “general damages.”

The courts also accept that not every loss can be calculated precisely. Sometimes the harm is real but impossible to quantify. In those cases, the courts allow general damages. The key question is always the same: can this loss be given a number?