Updated 26 Sept 2026 7 min read
When a Kenyan customer stops paying a foreign supplier, distance, currency and unfamiliar procedure can make the debt seem harder to recover than it is. In practice, a well-documented cross-border claim is pursued in much the same way as a local one, with a few additional points to settle at the outset.
Governing law and forum
Start with the contract. A governing law clause determines which law applies to the dispute; a jurisdiction clause determines which courts hear it; an arbitration clause may require the dispute to be decided by arbitration rather than in court. These clauses shape every later step, so they should be identified before any demand is sent.
Arbitration awards
Kenya is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and section 36 of the Arbitration Act, 1995 governs the recognition and enforcement of awards in Kenya. A creditor holding a foreign award applies to the High Court for recognition, producing the original or a certified copy of the award and the arbitration agreement.
Currency and remittance
A claim should stay in the currency of the contract. Any conversion shown in reporting is indicative until funds are actually converted. Agree at the outset how recoveries will be received, held and remitted, and what statement the creditor will receive with each remittance.
Working from abroad
Foreign creditors benefit from a single point of contact in Kenya who can verify the debtor's registration, engage with the debtor locally and keep the creditor informed. Eastbridge Recoveries provides online claim tracking, so the creditor can follow the timeline, documents and ledger for each claim from anywhere.
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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.