Structured contracts for high-value services and enforceable outcomes
Behind every IT deployment, outsourced customer support team, or B2B cloud service in Nairobi, there's a commercial engine running on expectations. A Service Level Agreement translates those expectations into performance standards, legal remedies, and accountability frameworks.
But without the right legal architecture, those same expectations can unravel—leaving companies exposed to service lapses, data breaches, or disputes with little recourse.
At Mwendwa Chuma & Associates, we work with founders, CIOs, procurement officers, and legal departments who need more than a generic SLA template. They need strategic legal support that defines performance in terms that courts and regulators will respect—and that suppliers and partners will follow.
Our Full-Spectrum of SLA Legal Services in Nairobi
We draft, negotiate, review, and litigate Service Level Agreements for companies operating in technology, telecommunications, outsourcing, logistics, healthcare, fintech, and public infrastructure.
Each SLA we work on is tailored for performance clarity, compliance strength, and dispute resilience.
We embed them into the broader risk and contract management environment of your business—factoring in termination risk, data governance, regulatory pressure, and enforcement strength.
How we Deliver in Practice
We structure Service Level Agreements that articulate measurable service standards with no ambiguity—embedding uptime guarantees, response thresholds, and clear escalation paths.
Every SLA is shaped for enforceability under the Law of Contract Act (Cap 23), while reflecting the operational realities your teams face. We review existing agreements with a forensic eye, identifying risk-heavy indemnities, vague breach triggers, and silent provisions that may quietly shift regulatory exposure to your business.
Our contracts anticipate breakdowns. They embed legal remedies that activate under stress, including SLA credits, liquidated damages, and controlled offboarding—aligned with the Arbitration Act 1995 and built for escalation without operational freeze.
For clients in regulated sectors, we draft SLAs grounded in the Data Protection Act 2019, CA, and CBK frameworks—covering data processors, outsourcers, and third-party cloud providers with full traceability under scrutiny.
Finally, we build transition-out clauses that handle vendor exits with contractual clarity—detailing data handbacks, personnel continuity, and service wind-downs that preserve your internal uptime even when external relationships end.
Why Mwendwa Chuma & Associates?
We’re a Nairobi-based law firm focused on the intersection of commercial law, digital transformation, and regulatory strategy. Our SLA work sits within a broader legal framework that includes data protection, contract litigation, fintech advisory, and risk management for modern enterprises.
Business leaders and legal departments across Nairobi choose us because our SLAs are:
- Contractually Enforceable – Drafted for performance and risk, not just formatting.
- Regulatory-Integrated – Built to comply with sector-specific laws in tech, telecoms, finance, and health.
- Operationally Aligned – Grounded in how Nairobi companies actually deliver and depend on services.
We’ve represented local startups scaling their API platforms, international firms outsourcing to Kenyan call centers, and public agencies entering performance-based IT contracts. The goal is the same. Align service obligations with business protection.
Common Risks in SLA Contracts We Help You Avoid
Every SLA we’ve restructured has revealed one or more of the following risks:
- Broad phrases like “best efforts” with no performance standard.- No liquidated damages clause in case of downtime or performance failure.
- Unbalanced termination clauses favoring the supplier.
- Missing regulatory compliance references (e.g., CA or CBK obligations).
- No control over subcontracting or data processors handling sensitive information.
- No SLA credit structure or enforcement path for repeated service failures.
If your current SLA has these gaps, your service agreement may be unenforceable in practice—or worse, may shift liability to you as the client.
We Work With
- Software development and SaaS providers- Telecommunications firms and managed service providers
- Financial institutions and payment processors
- Hospitals, diagnostic labs, and healthtech platforms
- Government agencies procuring public infrastructure systems
- Large logistics and customer service outsourcers
Each sector brings its own SLA nuances. We navigate those legal distinctions and deliver precision-built contracts that hold up in court, in front of regulators, and under operational strain.
Start With Legal Precision
If you're about to enter a performance-driven service contract, don’t rely on recycled SLA templates or unsigned annexes.
Let’s sit down and define what performance means in your context—then build the legal architecture to support it.
Our service isn’t about paperwork. It’s about protecting your operations, your customers, and your legal position when stakes are high.
Speak With an SLA Lawyer in Nairobi Today
Call us now to discuss your SLA structuring, review, or enforcement needs. If you're a supplier or a recipient, let’s protect your performance standards with an enforceable legal strategy.
Frequently Asked Questions (SLA Legal Services – Nairobi)
What makes an SLA unenforceable under Kenyan law?
Many SLAs fail to qualify as legally binding contracts. Common flaws include undefined service metrics, vague obligations like “reasonable efforts,” or unsigned agreements appended as annexes. Without clear offer, acceptance, consideration, and intention to create legal relations—as required under the Law of Contract Act (Cap 23)—your SLA may fall apart in court.
Can SLA credits replace financial damages in case of breach?
SLA credits (e.g., free service time) are useful operational remedies, but they rarely protect your financial interests in full. Unless the SLA includes a liquidated damages clause or reserves your right to claim losses, you may be stuck accepting minor credits while your business suffers a significant impact.
Are SLA terms enforceable against subcontractors or third-party vendors?
No, unless the SLA includes flow-down clauses or mandates supplier responsibility for subcontractors. Without this, your core supplier may pass the blame to external parties, leaving your business in a legal void during disputes or service disruptions.
Do SLAs need to be registered or stamped in Kenya?
While most SLAs don't require formal registration, they should comply with the Stamp Duty Act if forming part of a broader contractual relationship involving value exchange. A legally reviewed, stamped SLA enhances admissibility in court and strengthens its enforceability.
What happens if the SLA is silent on data protection obligations?
You carry the regulatory risk. Under Kenya’s Data Protection Act, 2019, clients can be held responsible for how data is handled—even if a third-party processor fails to comply. SLAs that omit data roles, breach notification timelines, or processor liability expose your company to enforcement action.
What clauses should be included for termination due to chronic underperformance?
Termination must be planned—not improvised. Your SLA should define what qualifies as material breach, how many failures trigger termination, and what happens during the transition period. Without these, you may be locked into a failing relationship with no legal exit path.
Can we use foreign law or arbitration rules in our SLA?
Yes, but with caution. International companies often push for foreign law or arbitration under ICC or LCIA rules. However, unless the parties and contract structure support that framework, you risk high enforcement costs or jurisdictional conflicts. We advise based on your operational exposure and the location of enforceable assets.
Do regulators review SLAs during audits or licensing reviews?
In regulated sectors—yes. The Communications Authority of Kenya, Central Bank of Kenya, and Office of the Data Protection Commissioner may review SLAs as part of vendor risk assessments or compliance checks. We draft SLAs to withstand scrutiny from these bodies and avoid downstream legal risk.
Can we retroactively fix an SLA that’s already in operation?
You can—but timing is critical. If the SLA is live and payment has exchanged hands, any revisions must be formalized through an amendment agreement or restated contract, properly signed. Informal changes through email or verbal discussion won’t hold up in legal proceedings.
What’s the biggest legal risk companies in Nairobi face with SLAs today?
Operational reliance without legal backup. Businesses invest heavily in cloud systems, customer service platforms, and outsourcing partners—but often rely on templated SLAs that offer no real recourse. When those systems fail, they discover too late that their agreement is unenforceable, imbalanced, or silent on core protections.
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