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How  we achieve our objectives

Organisation
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.
 
Specialization
We have chosen to specialize on our core competencies Commercial law and litigation, debt collection and conveyancing.
  1. (i)DEBT COLLECTION AND LITIGATION DEPARTMENT
  2. (ii)CONVEYANCING AND COMMERCIAL LAW DEPARTMENT
The structure and process of the two departments evolved as a reaction to specific needs and concerns of our clients and we endeavor to continually review and revise the same.

(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.

(b)  INTELLIGENCE
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\.

(c)  SPEED
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.

(d)  AUCTIONEERS
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
recovery.

(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.

SEARCHES
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.
 

 

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