In Kenya, the general rule is that any person aged 18 years or older has full contractual capacity, meaning they can enter into binding legal agreements. This stems from section 2 of the Age of Majority Act (Cap. 33), which sets 18 as the age of majority. Below 18, individuals are considered minors and generally lack full contractual capacity. Determining whether 18 is still a practical threshold in today’s economy or whether it should be lowered or otherwise revised raises two key arguments:

Argument for Lowering the age

Modern realities and the economic engagement of younger individuals suggest a need for flexibility.
Below are some considerations that inspire lowering of 18 as the age of majority.

i. Changing Social Realities.
The modern world has brought a great impact in encouraging youth entrepreneurship where many teenagers engage in e- commerce, online enterprises, digital content creation, freelancing. Restricting contractual capacity until 18 can hinder legitimate business pursuits for 16- or 17-year-olds who demonstrate financial acumen.

ii. Global Comparisons.
Other jurisdictions allow younger teens to sign limited contracts and therefore Kenya could adopt a similar partial capacity framework which can accommodate responsible minors while still providing safeguards.

iii. Early responsibilities.
In some Kenyan contexts, a minor may manage property or family-run businesses before 18. Lowering the contractual age could empower these minors and reduce obstacles in day-to-day transactions.

Argument against Lowering the age:

The traditional rationale of protecting minors from entering disadvantageous or harmful agreements still holds weight.
Below are some of the reasons as to why 18 may still be appropriate:

i. Protecting Minors from Exploitation.
Many younger individuals may lack the judgment and experience to guard against exploitative contracts, loans, or business deals. Therefore retaining 18 ensures that the majority of minors have matured enough before taking on fully binding commitments.

ii. Legal Consistency
Age thresholds (voting, marriage, criminal responsibility) are generally set at 18 or thereabouts. Lowering contractual capacity alone might cause inconsistencies in the legal framework.

iii. Cognitive and Emotional Maturity
Even though some minors can be financially experienced, many are still developing decision-making capacities. Science shows that full cognitive development, especially in areas relating to risk assessment, continues into the early twenties. Retaining 18 as the age of majority is seen as a safe, bright-line rule to protect younger individuals’ welfare.

In conclusion, If the goal is to encourage youth entrepreneurship and reduce regulatory barriers, lowering the age or introducing a revised framework could be beneficial. However, any change must go hand in hand with consumer and child protection measures to guard against exploitation.