Commercial Litigation & Debt Collection Advocates in Nairobi, Kenya

Commercial litigation and debt collection law involves resolving business disputes and recovering unpaid funds through formal legal channels. When informal requests fail, creditors turn to the court system to secure and enforce judgments. At Ondieki & Matoke Company Advocates, we represent businesses and individuals pursuing unpaid debts and commercial disputes across Nairobi and countrywide, from the first demand letter through to judgment enforcement.

Key Steps in the Recovery Process

• Demand Letter — Send a formal notice giving the debtor a final window typically 7 to 14 days to pay before litigation begins.
• Filing a Suit — Lodge a plaint in the appropriate court based on the claim amount the Small Claims Court for claims under KES 1 million, or the Magistrates’ or High Court for larger sums.
• Summons & Response — The defendant is served with summons and typically has around 15 days to file a Memorandum of Appearance, followed by a Statement of Defence. If they fail to respond, we can apply for judgment in default a swift result without a full trial.
• Summary Judgment — Where the debt is genuinely undisputed and any defence filed appears to be a delaying tactic, we can apply for a fast-track judgment without a full hearing.
• Full Hearing & Judgment — If the case is genuinely defended, it proceeds to a full hearing witnesses called, evidence presented, and arguments made before a judge or magistrate after which the court delivers judgment and, where we succeed, a decree ordering payment plus interest and costs.
• Enforcement — A decree unlocks enforcement recovering funds through bank attachment (garnishee orders), seizure of property, or, where appropriate, a corporate winding-up petition.

Essential Legal Considerations

• Documentation — Signed contracts, unpaid invoices, delivery notes, and account statements should be kept organised from the outset — this is what turns a claim into an enforceable judgment rather than a drawn-out dispute over facts.
• Statute of Limitations — A claim on a simple contract debt generally must be brought within six years under the Limitation of Actions Act. The earlier a debt is pursued, the more options remain available.

Litigation Costs vs Recovery Value

Pursuing debt collection litigation is a business decision that calls for a genuine cost-benefit analysis, weighing the cost of recovery against the debt amount and the realistic likelihood of successful collection. Litigation costs in Kenya generally fall into three categories: advocates’ fees, guided by the Advocates (Remuneration) Order and typically comprising instruction fees and court attendance fees; statutory court filing fees, which scale with the value of the claim; and disbursements, covering costs like serving documents and commissioning affidavits.

A key principle in Kenyan litigation is that costs generally follow the event meaning the losing party is typically ordered to pay a portion of the winning party’s legal costs. This doesn’t guarantee full reimbursement, but it does meaningfully offset a creditor’s net cost of pursuing a valid claim.

What to Expect — Our Process

• Initial consultation — you share the details of the debt or dispute and the documentation you hold.
• Assessment — we assess the strength of your claim, the appropriate court, and a realistic cost-benefit picture.
• Demand — where appropriate, we issue a formal demand letter before litigation begins.
• Litigation — if the demand goes unanswered, we file suit and pursue the claim through to judgment.
• Enforcement — once judgment is secured, we pursue enforcement to actually recover what’s owed.