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Debt Collection
Lawyer
in Mombasa
Demand Letters. Statutory Notices. Court Recovery. Garnishee Orders. Insolvency Proceedings. Asset Tracing.
An invoice 90 days overdue and the debtor won't return your calls. A supplier who took delivery and disappeared. A tenant three months behind on commercial rent and still occupying your property. A business partner who diverted company funds and now claims there's nothing left. Unpaid debts destroy cash flow, strangle growth and bankrupt otherwise healthy businesses — and in Kenya, debtors who know you don't have a lawyer are the ones who pay last, or not at all. Every week you delay sending a formal demand letter or filing suit, the debtor has more time to dissipate assets, transfer property, close accounts and make recovery harder. You need a debt collection lawyer who moves fast, knows the Civil Procedure Act, understands garnishee and attachment orders, and has the litigation experience to take a debtor from demand letter to judgment to execution in the shortest possible time. F.M. Muteti & Co. Advocates are Mombasa's trusted debt collection lawyers — recovering commercial debts, enforcing judgments and pursuing debtors through every legal remedy available under Kenyan law. 20+ years. 1,110+ Google reviews. Two offices.
Owed Money?
Debtor Refusing to Pay?
Speak to our debt collection lawyers today. We send demand letters, file suits, obtain garnishee orders, attach assets and pursue judgment enforcement — with the urgency unpaid debts demand.
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Excellent
Legal Practice
Experience
Areas
& Nairobi
Every Day You Wait to Collect,
Your Money Gets Harder to Recover
Invoices ignored. Promises broken. Cheques bouncing. Debtors hiding behind closed offices and switched-off phones. In Kenya, an unpaid debt doesn't resolve itself — it deteriorates. The debtor transfers assets, empties bank accounts, shuts down the company and reappears under a new name. Without a debt collection lawyer who sends enforceable demand letters, files suit immediately when the demand period expires and knows how to trace and attach assets before they disappear, your debt ages into a write-off.
You supplied goods, delivered services or completed a project — and now the debtor won't pay. Phone calls go unanswered. Emails are ignored. Payment promises are made and broken repeatedly. Your accounts receivable ledger shows invoices 60, 90, 120 days past due — and growing. The debtor knows that without a lawyer's demand letter, your invoice is just another email they can file under "later." Under Kenyan law, a properly drafted advocate's demand letter — citing the specific contractual or statutory obligation, quantifying the debt with interest, and giving a clear deadline with consequences — changes the dynamic immediately. It signals that you are serious, that legal costs will be added to the claim, and that court proceedings will follow. We send demand letters that get results — backed by a litigation team ready to file suit the moment the demand period expires, so the debtor understands this is not a negotiation, it's a countdown.
You know the debtor has assets — properties, vehicles, bank accounts, business income, receivables from their own customers — but they are actively moving those assets out of reach. Property is being transferred to relatives. Bank accounts are being emptied. The business is being wound down and reopened under a different name with the same directors. In Kenya, a debtor who suspects legal action is coming will move fast to put assets beyond the reach of a court judgment. Every week you delay taking legal action, the pool of recoverable assets shrinks. We respond to asset dissipation with immediate legal intervention — applying for Mareva injunctions (freezing orders) to prevent further asset transfers, filing attachment orders against known bank accounts and property, applying for garnishee orders to intercept payments owed to the debtor by third parties, and pursuing fraudulent transfer claims under the Law of Contract Act to have sham transactions set aside. Time is the critical factor in debt recovery — and we treat every case accordingly.
You already have a court judgment — but the debtor still hasn't paid. Perhaps your previous lawyer obtained the decree but never pursued execution. Perhaps the debtor claims they have no assets while living comfortably. Perhaps you tried to instruct auctioneers but the process stalled. A judgment is only as valuable as the enforcement behind it. In Kenya, judgment enforcement requires specific procedural steps under the Civil Procedure Act — and most creditors either don't know these steps or are poorly advised by lawyers who litigate well but don't understand execution. We specialise in judgment enforcement: applying for warrants of attachment and sale against moveable property, registering decrees against immoveable property for forced sale, applying for garnishee orders against the debtor's bank accounts and receivables, obtaining oral examination orders (Order 22) to compel the debtor to disclose their financial position under oath, and pursuing contempt proceedings against debtors who defy court orders. If you have a judgment gathering dust, we turn it into money.
Specialist Debt Collection
Legal Services in Mombasa & Kenya
- 01Demand Letters & Statutory Notices
The demand letter is the first — and often the most effective — step in debt recovery. A professionally drafted advocate's letter on law firm letterhead carries legal weight that no internal accounts department email or phone call can match. Our demand letters clearly identify the debtor and creditor, specify the exact amount owed (principal, contractual interest, penalties and any costs already incurred), cite the contractual clause, invoice or statutory basis for the debt, set a firm payment deadline (typically 7 to 14 days), state the specific legal consequences of non-payment (suit, attachment, garnishee orders, winding-up petition, credit bureau reporting, interest accrual under the Law of Contract Act), and are served by registered mail, courier and email to ensure proof of delivery. For statutory debts, we issue notices under the specific legislation — including Section 393 statutory demands under the Insolvency Act for debts exceeding KES 100,000, which triggers a 21-day window after which winding-up proceedings can be commenced. Our demand letter recovery rate is high because debtors know we follow through — every letter we send is backed by a litigation file ready to proceed the moment the deadline expires.
- 02Commercial Debt Recovery Litigation
When demand letters don't produce payment, we file suit immediately — in the Magistrate's Court for claims up to KES 20 million, the High Court for claims above that threshold, or the Small Claims Court for amounts up to KES 1 million. Our litigation approach prioritises speed and enforceability at every stage. We file summary judgment applications under Order 36 of the Civil Procedure Rules wherever the debt is based on a clear written agreement, invoice, delivery note or acknowledgment of debt — bypassing the full trial process and obtaining judgment in weeks rather than months. Where summary judgment is not available, we pursue expedited hearing and resist every delay tactic the debtor employs — adjournment applications, frivolous defences, counterclaims designed to stall proceedings and applications to transfer the case. We also apply for interim preservation orders to prevent the debtor from dissipating assets while the case proceeds — including Mareva injunctions freezing bank accounts, prohibiting property transfers and restraining the debtor from disposing of specified assets. Every litigation strategy is designed around one objective: judgment and execution in the shortest possible time.
- 03Garnishee Orders & Attachment of Assets
Garnishee orders are one of the most powerful debt recovery tools under Kenyan law — and one of the least utilised by general-practice lawyers. A garnishee order (Order 22 Rule 45 of the Civil Procedure Rules) directs a third party who owes money to the debtor (the "garnishee") to pay that money directly to you instead. This means we can intercept: salaries and wages paid by the debtor's employer, payments owed to the debtor by their own customers and clients, rent payments received by the debtor from tenants, bank account balances held by the debtor at any Kenyan bank, and any other debts owed to the judgment debtor by third parties. We also pursue attachment and sale of moveable property — vehicles, equipment, stock, machinery — through warrants of attachment executed by court-appointed auctioneers. For immoveable property, we register the decree against the debtor's land or building at the Land Registry and apply for an order for sale through the court. Our enforcement approach is comprehensive — we identify every recoverable asset and pursue every available enforcement mechanism simultaneously, leaving the debtor no room to hide.
- 04Insolvency & Winding-Up Proceedings
When a debtor company refuses to pay a liquidated debt exceeding KES 100,000, we use the Insolvency Act 2015 as a strategic enforcement tool — not just as a last resort, but as a pressure mechanism that frequently produces payment before the petition is even heard. The process begins with a Section 393 statutory demand served on the debtor company, requiring payment within 21 days. If the debtor fails to pay within the statutory period or fails to secure or compound for the debt, we file a winding-up petition at the High Court. The filing of a winding-up petition has immediate, devastating consequences for the debtor: banks freeze their accounts, suppliers demand cash on delivery, customers shift to competitors and the company's directors face personal liability risks. This commercial pressure often produces full payment or a negotiated settlement before the petition is heard. Where winding-up proceeds, we represent the creditor through the liquidation process, ensuring proper asset realisation and distribution. We also pursue individual bankruptcy proceedings under the Insolvency Act for debts owed by individual debtors who refuse to pay — applying the same strategic pressure through statutory demands and bankruptcy petitions.
- 05Bounced Cheque & Dishonoured Instrument Recovery
Bounced cheques remain one of the most common debt recovery scenarios in Kenya's commercial landscape. Under Section 316 of the Penal Code, issuing a cheque without sufficient funds or with intent to defraud is a criminal offence punishable by imprisonment. Under Section 74 of the Bills of Exchange Act, the holder of a dishonoured bill of exchange has rights of recourse against the drawer and any endorser. Our bounced cheque recovery approach combines civil and criminal remedies for maximum pressure. On the civil side, we file suit on the dishonoured cheque as a negotiable instrument — a claim that qualifies for summary judgment because the cheque itself is prima facie evidence of the debt. On the criminal side, we report the offence to the police and pursue prosecution under Section 316 of the Penal Code — because the threat of criminal prosecution (and potential imprisonment) is the single most effective motivator for debtors who have been ignoring civil demands. We also handle recovery on dishonoured promissory notes, dishonoured bills of exchange, post-dated cheques presented and returned, and electronic fund transfer reversals — ensuring every dishonoured payment instrument is enforced to its full legal extent.
- 06Rent Arrears & Landlord Debt Recovery
We represent commercial and residential landlords in recovering rent arrears from tenants who refuse to pay — combining tenancy enforcement remedies with debt collection procedures for maximum recovery. For commercial tenancies, we issue demand letters citing the lease agreement, quantifying arrears including contractual interest and penalties, and giving the tenant a clear deadline before legal action commences. If the tenant fails to pay, we file suit for the arrears and simultaneously apply for distress for rent under the Distress for Rent Act — which allows the landlord to instruct court-appointed auctioneers to seize and sell the tenant's assets within the premises to satisfy the arrears. For residential tenancies, we work within the Rent Restriction Act framework where applicable, issuing proper notices and pursuing recovery through the appropriate tribunal or court. Where the tenant has vacated but owes arrears, we pursue the debt as a standard commercial claim — demand letter, suit, judgment and execution. We also handle: forfeiture of lease proceedings for persistent non-payment, recovery of service charge arrears from property owners in sectional title developments, and guarantor enforcement claims where a third party guaranteed the tenant's obligations under the lease.
"In debt collection, speed is everything — every day you delay, the debtor has another day to hide assets, close accounts and make your money harder to reach."
From Demand Letter to Money Recovered
A fast, aggressive, systematic approach to every debt. We pursue every legal remedy available — you focus on running your business.
We review your documentation — contracts, invoices, delivery notes, correspondence — assess the strength of the claim, identify the debtor's assets and advise on the fastest recovery strategy available.
We issue a formal advocate's demand letter or statutory notice with a clear deadline and specific consequences — giving the debtor one final opportunity to pay before we proceed to court.
If the demand period expires without payment, we file suit immediately — pursuing summary judgment where available and applying for interim orders to freeze the debtor's assets during proceedings.
Once judgment is obtained, we execute aggressively — garnishee orders on bank accounts, attachment and sale of property, oral examination orders and contempt proceedings for non-compliance.
We pursue recovery until the debt is paid in full — principal, contractual interest, legal costs and enforcement expenses. We don't close the file until the money is in your account.
"A debt without a lawyer behind it is just a suggestion to pay. A debt with our demand letter is a countdown to enforcement."
— F.M. Muteti & Co. Advocates
Mombasa's Trusted
Debt Collection Lawyers
From demand letter to judgment enforcement — we handle every stage of debt recovery, pursuing debtors through every legal remedy until your money is recovered.
We file suit the day the demand period expires. Summary judgment applications, interim freezing orders and garnishee applications — every step is designed to compress the recovery timeline.
We know the Civil Procedure Act, execution procedures, garnishee rules and insolvency tactics that turn judgments into money — not just paper victories.
We identify and freeze debtor assets before they disappear — bank accounts, property, vehicles, receivables and business interests — using Mareva injunctions and attachment orders.
Clear, upfront fee structures before engagement. No hidden charges. You know exactly what your debt recovery matter will cost from the outset.
TSS Tower, Nkrumah Road, Mombasa and Embassy House, Nairobi — walk-in service Monday to Friday for in-person consultations.
Every advocate is registered with the Law Society of Kenya, operating under the highest professional and ethical standards.
What Our Clients Say
"A supplier owed us KES 4.2 million and had been dodging us for five months. FM Law sent a demand letter on a Monday. By Friday, the supplier's lawyer called to negotiate. Full payment was received within three weeks. Their demand letter alone did what months of our own follow-ups couldn't."
"We had a judgment for KES 8.7 million that our previous lawyer never enforced. FM Muteti took over, applied for garnishee orders on the debtor's bank accounts and recovered KES 6.3 million within six weeks. They then attached the debtor's vehicle to recover the balance. Relentless and effective."
"A tenant owed us 11 months of commercial rent — over KES 2.8 million — and refused to vacate or pay. FM Law filed for distress, sent auctioneers and recovered the full arrears plus costs within one month. The tenant paid everything rather than lose their stock. Decisive action."
Debt Collection FAQs — Answered
Clear answers to the questions creditors, business owners and landlords ask most about debt recovery, enforcement and judgment execution in Kenya. For case-specific advice, speak directly with our debt collection lawyers.
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📞 +254 790 008 888 — Call NowThe timeline depends on the debtor's response and the recovery method used. A demand letter typically produces a response within 7 to 14 days — many debts are settled at this stage because the debtor recognises that formal legal action is imminent. If suit is necessary, a summary judgment application (where the debt is based on a clear written agreement, invoice or acknowledgment) can produce a court judgment within 4 to 8 weeks in the Mombasa courts. After judgment, garnishee orders on bank accounts can be obtained within 2 to 4 weeks and executed immediately. Attachment and sale of moveable property typically takes 3 to 6 weeks from application to auction. A Section 393 statutory demand under the Insolvency Act gives the debtor company 21 days to pay before winding-up proceedings can be commenced — and the threat of winding-up often produces payment before the petition is filed. The critical factor is how quickly you instruct us. Every week of delay gives the debtor more time to dissipate assets and makes recovery harder. The sooner we act, the faster you get paid.
A garnishee order is a court order that directs a third party (the "garnishee") who owes money to the debtor to pay that money directly to you, the creditor, instead. Under Order 22 of the Civil Procedure Rules, once you have obtained a judgment or decree against the debtor, you can apply to the court for a garnishee order nisi — which is a provisional order requiring the garnishee (typically a bank, employer or business debtor of the judgment debtor) to show cause why they should not pay the debt directly to you. If the garnishee does not successfully object, the court makes the order absolute — and the garnishee must pay the money to you. In practice, garnishee orders are most commonly used against: (1) banks — directing the bank to pay the balance in the debtor's account directly to you, (2) employers — directing the employer to deduct from the debtor's salary and pay to you, (3) the debtor's customers — directing anyone who owes money to the debtor to pay you instead. We use garnishee orders as a primary enforcement tool because they are fast, effective and difficult for the debtor to evade once the order is served on the garnishee.
Yes. Under Kenyan law, the successful party in litigation is generally entitled to recover costs from the losing party — and in debt recovery cases, the creditor almost always obtains a costs order. This means the debtor pays not only the principal debt and any interest but also the legal costs you incurred in recovering the debt. Costs are assessed in two ways: (1) party-and-party costs — the standard costs recoverable from the losing party, assessed by the court according to the Advocates' Remuneration Order (typically 60-80 percent of actual legal fees), and (2) advocate-and-client costs — the full costs incurred, which may be awarded in cases involving fraud, abuse of process or where the debtor's conduct was unreasonable. Additionally, many commercial contracts include a clause that the defaulting party shall pay "all costs incurred in enforcing the agreement, including advocate-and-client costs." If your contract includes such a clause, we claim full legal costs from the debtor — not just the reduced party-and-party scale. We also claim pre-suit costs (the cost of demand letters), execution costs and auctioneer fees as part of the total recovery.
Even when a debtor appears to have no assets, there are still enforcement options. First, we apply for an oral examination order (Order 22 of the Civil Procedure Rules) — this compels the debtor to attend court and disclose, under oath, their full financial position including bank accounts, property, employment income, business interests and assets held by third parties. Providing false information is perjury. This disclosure often reveals assets the debtor has been concealing. Second, if the debtor has fraudulently transferred assets to avoid payment (a common tactic), we pursue those transfers — applying to have property sales, gifts or transfers to relatives set aside as fraudulent conveyances under the Law of Contract Act. Third, where the debtor is a company, we investigate whether the directors breached their duties under the Companies Act by allowing the company to trade while insolvent or by preferring certain creditors — grounds for piercing the corporate veil and holding directors personally liable. Fourth, we monitor the debtor's financial position over time — bank accounts reopen, new employment begins, property is inherited, insurance claims mature — and execute the judgment when assets become available. A judgment in Kenya is enforceable for 12 years, with the option to renew. We don't give up when assets aren't immediately visible — we investigate, trace and wait for the right enforcement moment.
Under the Limitation of Actions Act (Cap 22), different limitation periods apply depending on the type of debt: (1) Simple contract debts — 6 years from the date the cause of action accrued (typically the date the debt became due or the date of the last payment or acknowledgment), (2) Debts under seal (deed) — 12 years, (3) Judgment debts — 12 years from the date of the judgment (with the option to renew), (4) Rent arrears — 6 years, (5) Promissory notes and bills of exchange — 6 years from the date of dishonour. It is critical that you do not let the limitation period expire before filing suit. Once the period lapses, the debt becomes "statute barred" — meaning the court will not enforce it regardless of how legitimate the claim is. Importantly, certain actions can restart or extend the limitation clock: a written acknowledgment of the debt by the debtor, a part payment by the debtor (which counts as an acknowledgment), or a fresh agreement to pay. This is why we advise clients to instruct us as early as possible — ideally within weeks of the first missed payment, not years later when the limitation period is about to expire.
Yes. Under Section 316 of the Penal Code, it is a criminal offence to obtain anything capable of being stolen by means of a false pretence — and issuing a cheque knowing that it will not be honoured (due to insufficient funds, a closed account or a stop-payment instruction) constitutes obtaining goods or money by false pretences. The offence is punishable by up to three years' imprisonment. The process involves: (1) filing a report at the nearest police station with the original cheque, bank return memo (showing the reason for dishonour), the underlying agreement or invoice, and any demand letters sent, (2) the police investigate and, if satisfied, charge the drawer with the offence, (3) the matter proceeds to criminal court where the accused faces prosecution. The criminal route is not an alternative to civil recovery — we pursue both simultaneously. The civil case recovers the money; the criminal case provides additional pressure on the debtor (and potential imprisonment). In our experience, the combination of a civil suit and a criminal charge produces faster payment than either route alone — because most debtors will pay the debt rather than face criminal prosecution and a potential prison sentence. We coordinate both proceedings to maximise the likelihood of full recovery.
✦ F.M. Muteti & Co. Advocates · TSS Tower, Nkrumah Road, Mombasa · Serving Kenya & East Africa
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