Updated October 13, 2026 · Published by WKA Advocates
Build an evidence file around the questions the debtor or court is likely to ask: who agreed, what was supplied, when payment fell due and what remains outstanding. Keep complete documents in their original format, including signed agreements, orders, invoices, delivery notes, account statements and correspondence.
What Matters in Debt recovery evidence
An orderly chronology makes gaps visible before litigation begins. Identify the staff member who can explain the account and the person who witnessed delivery or acceptance. Preserve electronic records with their dates and context. Screenshots may be useful for review, but deleting original messages or altering files can create avoidable evidential difficulties.
Practical Preparation Checklist
Create a chronological index with an outstanding-balance schedule.
Preserve original electronic messages and attachments.
Identify witnesses with direct knowledge of the transaction.
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
What if there is no signed contract?
Other records may help establish an agreement and performance. An advocate should assess the available evidence and whether any formal requirements apply to the transaction.
General information for Kenyan debt recovery. The correct advice depends on the agreement, evidence, current law and circumstances. Updated 13 October 2026.
