Debt collection in Kenya follows a structured legal process. Skipping steps invites procedural defeats; following them in sequence converts most disputed debts into recoverable judgments.
Stage 1 — Pre-litigation demand
A formal advocate's letter of demand sets out the debt, the documents supporting it, the period of arrears and a deadline (usually 14 to 21 days) for payment. A significant proportion of debtors pay at this stage to avoid suit and the associated costs.
Stage 2 — Filing suit
Where the demand is ignored, suit is filed in the appropriate court: the Small Claims Court for liquidated claims up to KES 1,000,000; the Magistrates' Court for claims within its pecuniary jurisdiction; the High Court for larger or more complex matters.
Stage 3 — Summary judgment
Where the claim is liquidated and supported by clear documentation, Order 36 of the Civil Procedure Rules allows application for summary judgment within weeks of filing — bypassing a full trial where the debtor has no real defence.
Stage 4 — Default judgment
If the debtor fails to enter appearance or defence within the prescribed period, the creditor may enter judgment in default. The debtor's only route is an application to set aside, which requires a meritorious draft defence and an explanation for the default.
Stage 5 — Enforcement
Once judgment issues, enforcement may proceed by: warrant of attachment of movable property; attachment of bank accounts and debts owed to the debtor (garnishee proceedings); charging orders against registered land; sale by court-appointed auctioneer; and, for evasive debtors, committal proceedings under the Civil Procedure Act.
Stage 6 — Insolvency proceedings
Where the debtor is a company owing KES 100,000 or more, a statutory demand under the Insolvency Act, 2015 followed by a winding-up petition is often decisive. The threat alone routinely prompts settlement. For individuals owing the same threshold, bankruptcy proceedings produce similar pressure.
Pre-litigation asset checks
Company searches (CR12), motor vehicle records (NTSA), registered land (Lands Registry), bank account details (often known from prior transactions) — pre-litigation asset checks inform the commercial decision whether to invest in proceedings against a particular debtor.
Limitation
Contract claims are barred six years from the date the debt fell due. Acknowledgment of the debt in writing or part payment restarts time. Stale debts can sometimes be revived by careful correspondence drafting before suit.
Citations & further reading
Frequently asked questions
How quickly can I recover a debt in Kenya?
Small Claims Court matters can conclude within 60–120 days. Summary judgment in higher courts typically issues within four to six months. Enforcement (attachment, garnishee) follows judgment within weeks where assets are identified.
Can I add costs and interest to the debt?
Yes. Contractual interest, court interest at 14% per annum from filing, and party-and-party costs are routinely recovered alongside the principal.
What if the debtor disputes the debt?
A genuine dispute requires full trial, with witness evidence and discovery — typically 12–24 months at first instance. Manufactured disputes are commonly resolved at summary judgment.
Related practice areas
This article is for general information only and does not constitute legal advice. Readers should obtain specific counsel on their particular matters.