Once the exclusive domain of corporate boardrooms and tech startups, the Non-Disclosure Agreement (NDA) is quietly entering a new, more intimate territory in Kenya: romantic relationships. A growing number of Kenyan couples are now signing these legally binding confidentiality contracts, dubbed ‘love contracts’, to safeguard financial interests, protect business secrets, and prevent the public airing of private grievances should the relationship end.

This trend reflects a significant shift in how some Kenyans are approaching modern relationships, blending romance with risk management in an era where digital footprints are permanent and social media can turn personal disputes into public spectacles. The agreements typically outline shared financial ventures, define ownership of assets acquired jointly, and enforce silence on the intimate details of the relationship post-breakup.

For instance, as reported by Nation Africa on Friday, November 22, 2025, one Nairobi-based businesswoman, MaryAnn Joy, entered into an NDA with her wealthy partner before agreeing to quit her job. The contract, drafted by her lawyer, secures her stake in their joint investments, which are registered in her partner's name, and is designed to shield her from potential family interference.

The Legal Landscape: Contract vs. Marriage

From a legal standpoint, these relationship NDAs operate under Kenya's Law of Contract Act. According to Charity Njuguna, an Advocate of the High Court, such agreements are enforceable provided they meet the standard requirements of a valid contract: offer, acceptance, consideration, and the intention to create legal relations. Kenyan courts are generally willing to enforce NDAs between private individuals if the terms are clear, fair, and reasonable.

However, the enforceability of these contracts within the context of a marriage is highly contentious. Prominent lawyer Danstan Omari argues that NDAs fundamentally clash with the principles of marriage as enshrined in Kenya’s Marriage Act, 2014. “Marriage and NDAs operate on completely different principles. NDAs are commercial in nature, while marriage is founded on trust, partnership, and mutual obligation,” Omari stated in the November 22, 2025 report. He contends that an NDA concerning financial matters between a married couple would likely not withstand legal scrutiny in court and could even be interpreted as a sign of mistrust, potentially forming grounds for divorce.

Legal experts confirm that NDAs have rarely, if ever, been successfully invoked in Kenyan courts during domestic or spousal conflicts. Their primary application remains in commercial disputes over property, profits, or shares. This legal ambiguity means that while an NDA might be signed with the best intentions, its power in a divorce proceeding remains largely untested and uncertain. FURTHER INVESTIGATION REQUIRED into specific court precedents.

Distinction from Prenuptial Agreements

It is crucial to distinguish these NDAs from prenuptial agreements. Prenuptial agreements are explicitly recognized under Section 6(3) of the Matrimonial Property Act, 2013, and are designed to determine property rights between spouses in the event of a divorce. Their legal standing is more established, though they can be set aside by a court if found to be influenced by fraud, coercion, or if they are manifestly unjust.

Unlike prenups, which focus on the division of assets, relationship NDAs are primarily about controlling information. They aim to prevent partners from disclosing sensitive personal or financial details, a concern magnified by the pervasive nature of social media.

Social Implications: Trust, Power, and Modern Love

The rise of ‘love contracts’ speaks volumes about the evolving social dynamics in Kenya. For some, particularly those with significant business assets or public profiles, these agreements are a pragmatic tool for managing the risks of a relationship ending badly. They offer a structured way to protect one's contributions and prevent reputational damage from public and often messy breakups.

However, the introduction of such formal contracts into intimate relationships raises profound questions about trust and emotional connection. Relationship counselors emphasize that open communication and honesty are the cornerstones of a healthy partnership. Introducing a legal document that presupposes a lack of trust could undermine the very foundation of the relationship it seeks to regulate.

According to Nairobi-based relationship and sex therapist Maurice Matheka, many relationships fail due to a lack of honesty, and an authentic friendship between partners is more critical than love alone. The move to contractualize confidentiality could be seen as a symptom of a transactional approach to relationships, where partners are viewed as potential liabilities rather than trusted allies. This trend may also reflect and reinforce existing power imbalances, particularly where one partner has significantly more financial assets or social capital to protect.

Ultimately, while ‘love contracts’ offer a veneer of security in an uncertain world, their legal standing within Kenyan marriages is precarious. Couples signing them may find they are relying more on a mutual commitment to honour the agreement's spirit than on its enforceability in a court of law. The conversation these contracts have started, however, is a critical one for modern Kenya, forcing a re-examination of the intersection of love, law, and finance in the 21st century.