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Commercial Claims Documentation: What to Keep and Why It Matters

The documents that prove a commercial debt, how each is used in recovery, and how to preserve evidence as soon as a Kenyan customer stops paying.

Updated 26 Sept 2026 5 min read

The strength of a commercial claim is decided largely by its documents. A creditor who can produce the contract, the invoices and proof of performance, together with correspondence showing the debt was not disputed, is in a far stronger position than one relying on recollection. This article sets out what to gather and why.

The core documents

Every claim should be supported by:

  • The contract, purchase order, signed quotation or accepted terms and conditions.
  • Invoices, and a statement of account reconciling invoices, credits and payments.
  • Proof of delivery or completion: delivery notes, bills of lading, signed completion certificates.
  • Correspondence about the debt, including any request for time to pay.
  • The debtor's registered name, registration number and registered office.

Acknowledgments of debt

A written acknowledgment, such as an email confirming the balance, a signed statement of account or a payment proposal, is valuable twice over. It answers any later suggestion that the debt is disputed, and under sections 23(3) and 24 of the Limitation of Actions Act a signed written acknowledgment restarts the limitation period from its date.

Preserving evidence

Keep emails in their original electronic form rather than as printouts, and export messaging conversations with their dates. Record the names and roles of the debtor's staff who dealt with the account. Evidence gathered early, while it is complete, is far more persuasive than evidence reconstructed later.

Frequently asked questions

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This article is general information for commercial creditors and is not legal advice on any particular matter. Submitting a claim does not create an advocate-client relationship.