Many contracts contain a provision indicating the law that will govern the contract and the parties. Where a contract indicates that it will be governed by foreign law, that is, laws that are not Kenyan laws, parties will be required to prove their case according to the provisions of the said foreign law and the court will determine liability, or lack thereof, only on the basis of the foreign law. This is despite the fact that the case is being heard in a Kenyan court.

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