Debt Act With Kenya
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FAQ
On the other hand, here's what you shouldn't do. Don't give a collector any personal financial information, make a "good faith" payment, make promises to pay, or admit the debt is valid.
The quick and easy answer is a resounding 'no'! Loans belong in the realm of civil law. There are remedies open to the lender in a civil court.
I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.
If an instalment was defaulted and the court determined that the debtor had means to pay then the court would commit the debtor in civil jail up to 6 weeks. This law was introduced in Kenya with the coming of the British colonizers and we adapted their laws with virtue of Section 3 (1) of the Judicature Act.
2/1964, Act No. 10 of 1969.] This Act may be cited as the Debts (Summary Recovery) Act. Any sum declared by any Act, whether past or future, to be a civil debt recoverable summarily may be recovered in the court of any magistrate of competent jurisdiction in the manner prescribed by this Act.
