Debt Recovery & Small Claims

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: 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): 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: 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: 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: For businesses managing multiple outstanding receivables, we provide structured recovery programmes, including debtor profiling, escalation protocols, and batch filing of related claims.

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