How we achieve our objectivesOrganisation
The firm is deliberately organized to ensure that we are flexible and UHVSRQVLYH WR RXU FOLHQWV¶ QHHGV DQG aspirations. The partners handle the matters personally.
We have chosen to specialize on our core competencies Commercial law and litigation, debt collection and conveyancing.
- (i)DEBT COLLECTION AND LITIGATION DEPARTMENT
- (ii)CONVEYANCING AND COMMERCIAL LAW DEPARTMENT
(i)DEBT COLLECTION & LITIGATION DEPARTMENT
Mr. Gitonga heads the Department.
The litigation department includes civil and criminal litigation, labour and industrial claims. The head partner ensures effective follow up of pending litigation handled by the respective partners, as well as ensuring that the latest court decisions and statute amendments affecting our clients are obtained and our
library updated through research and maintaining relevant contact with the respective authorities.
Debt collection is an area of particular concern in the business world. In view of the constraints in the court system, we have set up a Debt Collection Unit which supplements our court action against debtors.
It is made up of debt collectors and investigators whose primary role is to pursue debtors ³aJJUHVVLYHO\´.
From our experience a sizeable number of debtors respond and pay if sufficiently pressured.
(a) OUR METHODOLOGY
Our experience reveals that a large percentage of debtors are not ³KaUG FRUH´ defaulters but people who will pay if goaded sufficiently. Most people know that the internal processes in corporations are lax in regard to debt recovery. The unit emphasis is on persistent follow up. From experience 40-60% of debtors will yield to sustained pressure for no other reason than to get rid of ³WKH NXLVaQFH´.
Our role is to fashion an approach that collects the money without unduly DQWDJRQL]LQJ D FOLHQW¶V FXVWRPHUV. ,Q WKH SUHVHQW GHSUHVVHG WLPHV GHEWRUV DUH
more hardened and firmness is necessary if one wishes to improve cash flow.
While pursuing the debtors, the investigators collect information on the debtors physical Whereabouts, financial standing and asset base. Information that is useful in determining whether a suit should be filed. Thus a client avoids losing JRRG PRQH\ LQ SXUVXLW RI µEDG¶ PRQH\.
There is a growing trend amongst debtors of registering assets in different names
to defeat creditors. Speed is therefore of essence in recovery. To this end, we:
1. Do a letter of demand within a day of receipt of instructions.
2. Draft the plaint within two days where a decision to file the suit has been reached and instructions received
3. File suit immediately on lapse of notice.
4.In case of judgment in default, we pursue warrants of execution immediately.
5. We pursue our matters aggressively in court to ensure we get early hearing dates.
Auctioneers are an important part of the debt recovery process both for execution of decrees and realization of securities. We have a team of auctioneers with whom we have been able to develop a system of work that complements our own approach. From them we demand diligence, credibility, creativity in their results. Ultimately recovery is dependent on the quality of the debt portfolio under
(ii) CONVEYANCING & COMMERCIAL LAW DEPARTMENT
The Conveyancing and Commercial Law Department is headed by Mr. Kinyanjui assisted by Ms. Handa.
Conveyancing and commercial related files are closely supervised by the said partners.
The department handles:
- The preparation and registration of securities (Charges, Debentures,Guarantees, Chattels, Mortgages etc).
- Preparation and registration of transfers and other conveyances of real property, leases and assignments.
- Preparation of contracts of a commercial nature.
- Insurance claims and defence.
- Giving legal opinion in commercial matters.
- Incorporation of companies, and registration of annual returns.
In addition, we carry out thorough searches on companies, land Titles and assetsoffered as security, to assist our clients conduct due diligence on varied commercial matters.