Commercial Ligitation and Dispute Resolution
KN & Partners Advocates has a vibrant Commercial Litigation & Dispute Resolution Department. Its key areas of legal services encompasses commercial litigation, Public Procurement Appeals, Local and International Arbitrations and Corporate Recoveries.
The Department is headed by S.M. Kotonya who has a wide experience in commercial litigation and dispute resolution and is assisted by one Associate Partner and 2 associate advocates.
The Department handles the following key legal areas:-
1. Commercial Litigation;
2. Alternative Dispute Resolution; and
3. Corporate Recoveries.
Commercial Litigation
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The Firm appreciates that not all disputes can be solved amicably and some have to be determined before the Courts of law or the relevant Tribunals. In recognition of the above, the Division has not only developed vast experience and expertise in provision of legal representation but also built an outstanding reputation in commercial litigation in the following areas;
· Banking Law
·Tax Law
· Public Procurement Appeals
· Energy sector
·Telecoms sector
·Judicial Review and Constitutional matters
.Electoral disputes and related matters
Alternative Dispute Resolution
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The firm appreciates that parties to a contract usually provide for alternative methods of resolving disputes whenever they arise. The firm offers to its clients a full range of advisory and advocacy services with respect to ADR and ensuring that advice and representation is available at all times.
Our professional legal services include advising the client on the strategy, drafting mediation or arbitration papers, and representing the client and participating in the negotiations on behalf of our clients.
Corporate Recoveries
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Our recovery comprises a team of highly qualified, energetic and dynamic work force who represent new face of debt recovery and civil investigation services which are in tune with today’s business trends.
We have in our Corporate Recoveries team a pool of partners, recovery managers, advocates and legal assistants dedicating to serve our clients in meeting and surpassing our client’s targets on debt recovery and collection.
We are known for our tenacity consistency, forthrightness, ingenuity and exemplary client service that has ensured that we continue to grow and curve a niche for ourselves as a respected debt collection firm preferred by many clients throughout the republic of Kenya.
We would therefore wish to confirm our willingness and ability to render exemplary services throughout the country as and when required to do so.
The team has the capacity to render premium services in a timely, efficient and professional manner. This is further fortified by wealth of experience that the team has.
Remuneration for Debt Collection Accounts
Our remuneration for debt recovery services dependent on the individual services agreement (SLA) that exist between the client and KN & Partners Advocates.
The firm takes fees from a percentage of the debt successfully collected; sometimes known in the industry as the Pot fee or potential fee upon successful collection. This includes instances where on the initiative of the firm a debtor enters into a settlement agreement with the Client. The firm makes money only if money is collected from the debtor (often known as No collection-No fee basis)
As a policy we ensure that all collection and investigative matters are strictly dealt with or supervised by the Partner and the Recoveries Manager of the debt recovery division so as to ensure that we are nimble and responsive to our client’s needs and aspirations.
Approach
We believe in proactive approach to instructions adopting our processes to the needs of our client.
As a result of the above services, we have organized our debt collection into two distinct divisions namely;-
- Non contentious debt collection
- Professional civil investigation.
The structure and processes of the departments have evolved as a reaction to specific needs and concerns of our client. We endeavor to continually review and review the same.
Debt Collections as a unique service
Debt Collection is an area of particular concern in the business world.
Debtor is the person who owes the bill. Debtor may fail to service a debt for various reasons;-
- Lack of financial planning or over commitment on their part.
- Due to unforeseen eventuality such as loss of income, business or health problem.
- Dispute or disagreement over the debt or what is billed for.
Our services include sending of series of increasingly urgent demand letters, usually seven (7) days apart, instructing debtors to pay the amount owed directly to creditor or risk a collection action or negative creative report from credit reference Bureau.
Depending on the terms of the service level agreement (SLA), these accounts may revert to hard/complex collection status at the firm’s regular rates if the debtor does not respond within the stipulated period.
Civil investigation
In view of the hardships experienced in collection of hard debts, we have set up an investigation unit which is absolutely essential and prerequisite to debt collection. To enable the collection agent establish the whereabouts of the debtor, his financial status as well as the registered movable and unmovable assets,(either in the name of individual or company) its sometimes prudent to conduct civil investigation to ascertain the same. With accurate information of the whereabouts of the debtor, we pursue collection aggressively. The information obtained via our investigations also ensures that hopeless or unrecoverable debts are identified early enough and are not pursued thus saving both client and collection agents’ time and costs. From our experience, a sizeable numbers of the debtors respond (by paying) if sufficient pressure is put on them. Investigation unit has proved particularly effective in the recovery of debts arising from credit cards and unsecured loans, a category of debt that is usually more problematic than most.
Our detailed and accurate investigation reports can sustain a court case if a debt recovery matter takes this course.
Remittance of Collection Funds
We operate a cashless office. We therefore advise debtors to make payments to our client through the firm or by:-
- Issuing a bankers Cheque in the name of our client
- Making direct cash deposit
- Or direct transfers via RTGS
Where the debt payments have been made to us, we shall remit the funds to our clients within 7 days of the cheques clearing.