Updated October 13, 2026 · Published by WKA Advocates
Ask for a written scope and cost estimate that distinguishes advice, a demand, negotiation, litigation and enforcement. The work involved depends on the evidence, dispute and forum. A short admitted account may require a different approach from a contested construction claim with multiple witnesses.
What Matters in Debt recovery legal fees
Compare expected net recovery rather than the claim's face value alone. Court fees, service, execution and third-party expenses may sit outside advocate fees. Confirm the basis on which fees are charged and when further approval will be sought. Any recovery-based proposal should be reviewed for lawful fee arrangements and recorded in clear engagement terms.
Practical Preparation Checklist
Request an itemised scope and written fee basis.
Identify likely disbursements and escalation costs.
Compare the strategy with realistic collection prospects.
Evaluate the Evidence and Recovery Route
Bring a reconciled balance that distinguishes the principal, agreed interest, payments and any disputed items. The chronology should explain when payment became due and what happened after default. Correct debtor identification is essential: a company, trading name and individual representative may have different legal positions.
Consider the contract’s notice and dispute terms alongside any existing proceedings. An advocate can assess the appropriate forum, limitation concerns and whether a demand, settlement or claim is proportionate. Do not assume that silence proves liability or that a payment promise guarantees collection.
Plan for Payment, Not Only a Claim
Compare the expected recovery with the time, fees and practical enforcement risks. If payment is offered, record the terms clearly and credit all amounts received. If proceedings become necessary, maintain complete evidence and service records. After judgment, check the decree and any stay before considering lawful execution.
Common Question
Is debt recovery always offered on a no-win-no-fee basis?
No. Do not assume such an arrangement is available or legally suitable. Confirm the firm's lawful fee structure and written terms for your particular matter.
General information for Kenyan debt recovery. The correct advice depends on the agreement, evidence, current law and circumstances. Updated 13 October 2026.
