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FILE NO. DR-03

Debt Recovery & Small Claims

Recover what’s owed, efficiently.

Legal Basis

Small Claims Court Act No. 2 of 2016 · Debts (Summary Recovery) Act (Cap. 42) · Civil Procedure Act (Cap. 21) · Civil Procedure Rules, 2010 · Magistrates’ Courts Act · High Court (Organization and Administration) Act, 2016

Overview

Unpaid invoices, dishonoured contracts, and outstanding debts disrupt cash flow and undermine business sustainability. Kenyan law provides a structured, escalating set of mechanisms for recovering money owed — from demand letters and negotiated settlements through to court-issued judgments and asset attachment.

What We Do

  • Demand Letters \u2014 The first step in any debt recovery action is a formal demand letter, which sets out the amount owed, the basis of the claim, and a reasonable deadline for payment.
  • Small Claims Court (SCC) \u2014 The Small Claims Court handles civil and commercial claims up to KES 1,000,000. The Adjudicator must deliver a decision within 60 days of filing. We prepare and file statements of claim and represent clients at hearings.
  • Magistrates’ Court Recovery \u2014 For claims exceeding the SCC threshold, we file suit in the Magistrates’ Court. We advise on summary judgment applications where the debtor has made written admissions of the debt.
  • Judgment Enforcement \u2014 After obtaining judgment, we pursue enforcement through attachment of the debtor’s movable property, garnishee orders against banks or employers, and where necessary, attachment of immovable property.
  • Commercial Debt Recovery \u2014 For businesses managing multiple outstanding receivables, we provide structured recovery programmes, including debtor profiling, escalation protocols, and batch filing of related claims.

Diaspora Advantage

Diaspora Advantage

  • Recover debts owed to you in Kenya while you are based abroad — entirely remotely via WhatsApp and email instructions
  • Recover unpaid rent from Kenyan tenants in your rental property, including seeking court orders for eviction where necessary
  • Enforce outstanding judgments obtained before you relocated abroad
  • Advise on the enforceability of foreign judgments against debtors who have assets in Kenya

Book a Consultation

Our Debt Recovery & Small Claims team is ready to advise. Book a free initial consultation \u2014 by phone, WhatsApp, or in person at our Ngong office.

WhatsApp 0707 329 013 \u00b7 contact@nkm-advocates.co.ke