Someone owes you money. What actually works.

Unpaid invoices rarely fail for legal reasons. They fail because the person owing knows that chasing is expensive and most creditors give up. The work is in removing that assumption early.

Put the debt beyond argument first

Before anything is filed, the paperwork has to say what you think it says. Gather:

• The contract, purchase order or written instructions
• The invoice, and proof it was delivered to the right person
• Any acknowledgement of the debt — an email, a WhatsApp message, a part-payment
• The delivery note, sign-off or completion certificate

A part-payment or a written promise to pay is worth more than any amount of frustration. It converts a disputed claim into an admitted one.

The demand letter

A demand from an advocate does two things. It sets a deadline with a consequence attached, and it creates a document a court will later read. It is the point at which "finance is processing it" stops working, because the next step is on the record.

Keep it factual: the contract, the sum, what was delivered, when payment fell due, and the number of days now given. Threats that will not be carried out weaken it.

When to file

If the debt is a fixed sum and the defence is thin, a suit for a liquidated claim moves faster than most people expect, and summary judgment is available where there is no genuine dispute. The commercial question is simple — is the debtor able to pay if judgment is entered? Judgment against an empty company is an expensive certificate.

Companies that will not pay

Where a company is unable to pay its debts, a statutory demand under the Insolvency Act, 2015 creates a very different kind of pressure from an ordinary letter. It should not be used as a bluff or against a genuinely disputed debt.

Do not sit on it

Contract claims in Kenya are generally subject to a six-year limitation period under the Limitation of Actions Act, and shorter periods apply in specific cases. Waiting also costs you the debtor's assets — the longer the delay, the less there is left to attach.

General information, not legal advice on your matter. Talk to us about the specific facts before acting.