Start with a detailed legal notice to the Indian party, supported by the contract, invoices, shipping documents and bank transfer records. If that fails, options include a commercial suit, a summary suit for liquidated amounts, arbitration if the contract provides for it, and insolvency proceedings where the debt exceeds the threshold. Commercial suits require pre-institution mediation unless urgent relief is sought. Kenyan judgments cannot be executed directly, so suing in India is usually necessary.
- Document route
- Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
- Time difference
- IST is 2h30 ahead of Kenya all year (no daylight saving)
- Cheque cases
- Section 138, NI Act 1881
- Civil suit
- Order XXXVII CPC
Money Recovery from India from Kenya: how it works
We gather the evidence from Kenya: the purchase order or contract, proforma invoice, SWIFT confirmation of payment, emails and any shipping documents. A notary in Nairobi can certify copies, and the documents are attested for use in Indian court. We send a legal notice to the Indian party setting a deadline, and many disputes settle at this stage, particularly where the Indian party has a reputation to protect.
If the notice fails, we choose the forum. Claims above the commercial court threshold go to the commercial court, which requires pre-institution mediation for most claims. A summary suit under Order XXXVII suits written contracts and fixed sums. Where the contract has an arbitration clause, we invoke it. Insolvency proceedings against a company are possible where an undisputed operational debt exceeds the threshold, currently ₹1 crore. We also check whether a criminal complaint for cheating is justified, though criminal law cannot be used to recover purely civil debts.
What clients in Kenya should know
- Kenyan exporters dealing with Indian buyers should check the buyer's registered company details on the Ministry of Corporate Affairs portal before shipping.
- Limitation for most money claims in India is three years, and time spent negotiating does not stop it running.
- Where the Indian party holds export incentives or bank guarantees, early attachment before judgment can protect the claim.
Step by step from Kenya
Video consultation
A call at a time that suits Kenya, after we have read your documents.
Documents signed in Kenya
Kenyan notary, foreign ministry authentication, then Indian High Commission attestation
Work in India
Our team files, appears and follows up in India, and shares scans of everything filed.
Result and handover
Certified copies and originals are couriered to you in Kenya where needed.
The full guide
This page covers what changes when you are in Kenya. For the law, the documents and the step-by-step procedure, read our main page on Money Recovery from India, or see all services for clients in Kenya and the Disputes & Enforcement practice area.
Questions from clients in Kenya
Can I file a case in India without travelling from Kenya?
Yes. The plaint is verified by affidavit signed in Kenya and attested, and an Indian advocate appears for you.
How long does recovery take?
A notice may produce results in weeks. A commercial suit can take one to three years; summary suits and insolvency proceedings can be quicker if not contested.
Is it worth suing for a small amount?
For smaller sums, a well-drafted legal notice and negotiation often make more sense than litigation. We advise on cost against likely recovery.