Munyao Kayugira and Co

Munyao Kayugira and Co., Advocates has a dedicated team of advocates whose sole responsibility is to provide solutions to our clients' every day legal problems. The firm which recently turned 10 years old is reputed for its integrity and professionalism in all facets of its business but most significantly for its commitment to delivery of solutions in a timeous and cost- effective manner. We have worked with international business organisations seeking to set up their businesses in Kenya and guided them through choosing the appropriate business vehicle, registration thereof and all the processes necessary to establish an office. We have also handled debt recovery for numerous clients.
Our debt collection process entails the following:

1. Review of the Contractual documents to ascertain whether the parties chose a particular process of dispute resolution- this could be mediation, arbitration or through local courts. We will also ascertain from the documents the applicable law and forum for resolution of any disputes arising;
2. Review correspondences between the debtor and client to ascertain whether debt is admitted and whether any offer has been made for settlement etc which has not been honoured. This gives us a glimpse of the person/entity we are dealing with.
3. Once this is done, we will send a reminder to the debtor in writing and follow up through phone calls and meetings where necessary. In this reminder we give a period of up-to 14 days within which we expect payment.
4. Should step 3 not bear fruit, we engage investigators that we work with to ascertain the financial position of the debtor, available assets for recovery etc to enable us assess the best legal debt recovery approach to adopt i.e. whether to threaten insolvency proceedings (where the debt is acknowledged), go for a civil suit and whether an application for attachment before Judgment is necessary like in a case where a debtor is in the process of disposing of the only remaining assets in a bid to defeat the debt.