Debt Recovery FAQs Kenya
Answers to common Kenyan debt recovery questions: documents, demands, costs, limitation, Small Claims Court, settlements and enforcement.
These answers explain common starting points for Kenyan debt claims. The correct approach depends on your agreement, records and circumstances.
How do I start a debt recovery enquiry?
Provide the debtor's legal name, amount outstanding, payment due date and a short chronology. Have the agreement, invoices, payment records and correspondence ready for review.
Can WKA Advocates issue a demand letter?
The firm can assess your documents and prepare an appropriate demand under agreed instructions. The balance and any notice requirements should be reviewed first.
Do I need a written contract?
A written contract is useful, but other evidence may be relevant. Messages, orders, delivery records and payment records can assist. The legal and evidential position depends on the transaction.
How long does debt recovery take?
There is no single reliable timeline. An admitted balance, contested proceedings, service difficulties and enforcement issues can produce very different timescales.
Does every small debt qualify for the Small Claims Court?
No. Monetary, subject-matter and territorial jurisdiction must be checked. The published Act provides a KSh 1 million monetary limit, subject to any applicable change.
Can a company director be required to pay the company's debt?
Directorship alone does not establish personal liability. A guarantee or another legal basis may change the position and requires review.
Does a judgment guarantee that I will receive money?
No. Payment depends on settlement or a lawful enforcement route against available assets. Any stay or other court restriction must be considered.
Can I add collection fees and interest to the balance?
Only amounts with an appropriate legal, contractual or court-order basis should be claimed. Separate principal, interest and costs and show the calculations.
Will a new demand letter restart the limitation period?
Not by itself. The applicable limitation rules and any relevant acknowledgment or part payment need legal review. Obtain advice promptly on older accounts.
Can I discuss a payment plan instead of suing?
Yes, if appropriate. A written settlement should identify the balance, instalment dates, default terms and any releases. Review the terms before accepting them.
Discuss Your Debt With WKA Advocates
Share the debtor’s legal name, the amount outstanding, the payment due date and the records you hold. Our Nairobi team can review the proposed scope and next steps. Call +254 798 035 580, email info@wka.co.ke, or view contact and instruction details.