Kenyan freelancers — designers, developers, photographers, writers, consultants — are building a real economy. But too many are getting burned by clients who don't pay, who ask for endless revisions, or who claim they never agreed to the original scope of work.
The fix is simple: a written freelance agreement signed before work begins. This document explains what must go in it and why each clause matters.
Why "We Agreed on WhatsApp" Is Not Enough
WhatsApp messages and emails can be used as evidence in Kenyan courts, but they're messy, incomplete, and easy to misinterpret. More importantly, they don't cover the things you didn't think to discuss — like what happens if the client goes silent for 3 months, or if they want 10 revisions after approving a design.
Common scenario: A Nairobi-based graphic designer completes a brand identity project for KES 45,000. The client says the final delivery "isn't what was agreed" and refuses to pay. No contract was signed. The designer has WhatsApp messages but no clear scope document. They lose the dispute — and the money.
What a Freelance Agreement Must Include
1. Clear Scope of Work
This is the most important clause. Describe exactly what you will deliver — not vaguely, but specifically. For a logo designer: "3 initial concepts, 2 rounds of revisions on selected concept, final files in AI, PDF, PNG, and SVG formats." For a developer: "A 5-page responsive website built in WordPress with the agreed features list attached as Schedule A."
Anything not in the scope is a change request — and change requests cost extra.
2. Deliverables and Milestones
Break the project into milestones with specific deadlines. Tie payments to milestones, not to vague completion. Example:
- Milestone 1: Initial concepts delivered — KES 15,000 due on delivery
- Milestone 2: Approved design finalized — KES 15,000 due on delivery
- Milestone 3: Final files delivered — KES 15,000 due on delivery
3. Payment Terms and Late Payment Penalty
Specify: total fee, deposit amount (typically 30–50% upfront), when the balance is due, and what happens if the client pays late. A late payment clause of 2% per month on outstanding amounts is standard and enforceable in Kenya.
Power move: Include a clause that allows you to suspend work if an invoice is more than 7 days overdue. This prevents you from delivering finished work to a client who hasn't paid — and gives you leverage to get paid before handing over files.
4. Revision Limits
State how many rounds of revisions are included. "Unlimited revisions" is a business killer. Two rounds is standard for most creative work. Additional revisions beyond the included rounds are billed at your hourly rate.
5. Intellectual Property Ownership
By default under Kenyan law, the creator owns the copyright. IP transfers to the client only when they've paid in full and it's explicitly stated in the contract. Make this clear: "All intellectual property in the deliverables transfers to the Client upon receipt of full payment."
6. Change Request Process
Any request that goes beyond the agreed scope must be submitted in writing and approved with a change order before you begin the additional work. This prevents scope creep from eating your margins.
Governing Law
Your agreement should state it is governed by the laws of Kenya. For disputes, require mediation first before either party can file a court case — this saves both parties significant time and legal fees.
Getting Paid: Practical Tips
- Always collect a deposit before starting any work
- Use M-Pesa or bank transfer — never cash without a receipt
- Send the contract before sharing any drafts or work-in-progress
- Get the signed contract back before doing milestone 1
- Include your M-Pesa number or Paybill in the contract's payment section
Generate your Freelance Agreement in 2 minutes
Kenya-compliant · Professional PDF · KES 125 (50% OFF)
Get Your Freelance Agreement →