Understanding the law can save you, protect your rights in many situations, and guide you in accessing services or taking action in different situations.
At our law firm, we often get questions from clients who want to understand demand letters, their application in seeking justice, how they work, the costs involved, and how they benefit them and their businesses.
It’s not uncommon for individuals and businesses to encounter situations where the clarity and effectiveness of a well-crafted demand letter can make all the difference in resolving disputes, recovering debts, or protecting one’s legal rights.
So, in response to the inquiries about demand letters in Kenya, we’ve crafted this comprehensive guide to explain what demand letters are and why they matter in Kenya’s legal landscape. Whether you’re a business owner, a contractor, a tenant, or someone navigating the complexities of legal matters, we aim to provide valuable insights and answers to your questions regarding laws in Kenya.
Have you ever heard of a “demand letter” but are unsure what it is? In this article, we’ll explain it, discuss what makes a good one, and discuss when you might need one in Kenya.
Keep reading to learn more, and contact us with any questions not covered here.
What is a Demand Letter in Kenyan Law?
A demand letter is a formal written communication sent by one party to demand the other person, entity, or corporation to fix a problem, pay compensation, honor a contract, or perform any other legal obligation.
Demand letters define actions or remedies necessary to resolve a dispute or issue and are a precursor to more formal legal action, such as filing a lawsuit.
The Cost of Demand Letters in Kenya
Many people are concerned about the costs of legal services, as this is an essential factor in planning a legal strategy. So, how much does it cost to get a demand letter written in Kenya? The answer is more complex than we might hope, but let us break it down for you.
Demand letter writing in Kenya starts from around 10,000 Kenyan Shillings or roughly $80. This price is the baseline, but the cost can fluctuate depending on the complexity of the matter, the scope of work, a law firm’s billing policy, geographical location, and any additional expenses like consultation fees, urgency priority, or postage and delivery.
So, if you’re wondering how much it will cost to get a demand letter, we recommend contacting legal professionals like our law firm for an accurate quote.
At Kraido, for example, we provide accurate price quotations tailored to the specific services you want, keeping in mind the most efficient and cost-effective solution for you. Hence, you have a clear picture of what to expect and can make informed decisions that suit your budget and legal needs.
When Do You Need a Demand Letter?
Demand letters serve several critical purposes in the legal dispute resolution process, including:
1. For clarification and communication
First off, a demand letter provides you with a legal channel to communicate issues with another party and call for addressing the concerns at hand.
When navigating everyday life, especially in business, where you interact with business partners, tenants, contractors, corporations, or just about anyone, misunderstandings and failures to honor agreements are likely to occur.
In such cases, a demand letter can be the bridge of understanding and a means for you to protect your legal rights while working towards a solution.
2. Before filing a lawsuit
Writing a demand letter before filing a lawsuit or initiating litigation is mandatory, and Kenyan laws provide 14 days for the recipient to respond or comply with the demands.
Doing so saves everyone’s time and money when the recipient agrees to meet the conditions of the demand letter and informs the offending party of a looming lawsuit.
3. To demonstrate serious intent
When your efforts to communicate your needs bear no fruit, a demand letter could be your lifeline to show that you are ready to take legal steps if necessary but want to try resolving your differences amicably first.
4. When getting bullied, harassed, or defamed through publications
In the age where information spreads rapidly across various platforms, individuals can sometimes find themselves victims of bullying, harassment, or defamation through online or printed publications.
These distressing experiences can significantly impact one’s reputation, emotional well-being, and livelihood.
When faced with harassment through the media or bloggers, a demand letter can be a crucial tool to convey a clear message to the offending party, demand the cessation of harmful actions, seek an apology, and remove defamatory content.
Demand letters allow victims to assert their rights and ask perpetrators to rectify their actions before taking more severe legal measures whenever seeking a resolution for cyberbullying, workplace harassment, or damaging publications.
5. To demand payment or compensation for Services
Late payments for services provided can be stressful for any business owner. Businesses come with operational expenses and possible debts to pay, like loans, so when your clients go long past the due date of payment, it can be an obstacle to your business.
Luckily, a demand letter for payment can be all you need sometimes.
Whether you are a construction company waiting for that hard-earned cash or an independent contractor in any profession, a demand letter can help you get your fair share of the deal.
6. Property rent collection from non-paying tenants
If you own property and rent it out, you run a business, and one of the main goals of any business is to profit. However, this can sometimes prove difficult, especially when a client goes months without honoring the tenancy agreement.
In such cases, where your tenant has not made payment for an extended time and owes you significant money, contacting a legal expert to write them a demand letter is an effective way of notifying them of the importance of the payment and allowing them to avoid litigation.
Property owners and managers should consider a demand letter a friendly nudge to your tenant as it is a formal way of communicating the facts, giving deadlines, and letting them know you are not messing around.
In most scenarios in our practice, most people don’t want to deal with a legal battle; therefore, it works.
Are Lawyers the Only Ones Allowed to Write Demand Letters in Kenya?
When it comes to writing a demand letter, you might wonder if you need to enlist the services of a lawyer or if you can do it yourself and save money.
Demand letters are powerful tools that help clarify issues, set expectations, and facilitate amicable solutions.
However, demand letters are legal documents that carry weight in the eyes of the law. Drafting requires legal knowledge and a unique set of skills and must be reviewed by someone with legal expertise.
Therefore, demand letters in Kenya are only effective and legally binding when written by an advocate and bear the seal or stamp and the signature of an advocate with a valid law practicing certificate. The signatures and stamps signify the backing of a legal professional and should not be taken lightly.
So, while you might technically draft a demand letter on your own, it is always advisable to consult a lawyer or have one assist you since a demand letter needs to be clear, protect your legal rights, and ensure it is enforceable by bearing the signatures and stamps of your attorney.
Find out more about the associated risks of buying legal documents on the internet.
Frequently Asked Questions
How much does it cost to write demand letters in Kenya?
Typically, the price starts at 10,000 Kenyan Shillings or $80. However, the costs vary based on complexity, law firm billing policies, and location.
Are demand letters effective?
Yes, demand letters can effectively resolve legal disputes and help claim payment, especially when professionally drafted and supported by a strong case.
What should I do if I receive a demand letter?
If you receive a demand letter, it’s essential to take it seriously. Evaluate the letter’s contents, seek legal advice, and have an advocate respond promptly.
Can I write a demand letter without a lawyer’s assistance?
No, demand letters in Kenya are legal documents that an advocate must write and sign.
Can a demand letter be sent by email?
Yes, demand letters can be sent via email. We send them as PDF attachments with our official letterhead, seals, and all components that make them legally valid.
How long should a recipient take before responding to a demand letter in Kenya?
Recipients of demand letters in Kenya have 14 days to respond or comply, or else litigation ensues.
What happens if the recipient ignores the demand letter?
If there is no response or compliance, you may need to consider further legal action, such as filing a lawsuit.
Must you send a demand letter before suing in Kenya?
Yes, under Kenyan Law, it is mandatory to send a demand letter to notify the offending party of a pending claim and the possibility of legal action if you fail to come to an agreement.
Overview
Demand letters are among the most commonly written documents by lawyers in Kenya, and it’s not hard to see why.
This versatile document is helpful in many situations as it can be used to demand payment for services rendered, ask for compensation, stop harassment, and protect your rights.
Another added advantage is that demand letter writing by an advocate is relatively cheap compared to accessing other legal services like drafting complex contracts.
When deciding how to proceed with your demand letter, it’s essential to consider your specific circumstances and budget. Remember that a well-written demand letter is a worthwhile investment that will save you time and money in the long run by avoiding protracted legal battles.
If you require a demand letter in Kenya or a legal consultation, request one from us today, and a member of our legal team will assist you.
