Combining Legal Action with Financial Investigation
The field of legal financial recovery in Kenya goes far beyond traditional debt collection. It is a sophisticated, multi-disciplinary approach designed for complex cases involving elusive debtors, hidden assets, or corporate insolvency. This specialised service integrates robust legal action with deep financial investigation to maximize the chances of recovery where standard methods fail. Swipe Recoveries Experts Ltd is a leader in this domain, providing an end-to-end solution for creditors, financial institutions, and corporations. We don't just file lawsuits; we proactively trace assets, investigate corporate structures, and leverage powerful legal tools like insolvency proceedings to ensure our clients recover what is owed to them.
Advanced Strategies: Asset Tracing, Skip Tracing & Insolvency
Our legal financial recovery service employs advanced strategies that address the root causes of non-payment. We specialise in handling situations where debtors are actively evading their obligations. One of our core competencies is Asset Tracing and Skip Tracing. This is the legal and ethical process of locating a debtor who has absconded (skip tracing) and identifying their tangible assets, such as bank accounts, real estate, vehicles, or shareholdings (asset tracing). This intelligence is crucial, as it provides clear targets for legal enforcement and prevents a 'hollow' judgment where the debtor has nothing to seize.
For corporate debtors claiming inability to pay, we utilize The Insolvency Act, 2015. This powerful legislation allows a creditor to file a Winding-Up Petition against a debtor company. The mere threat of being forcefully liquidated by the court is often enough to compel payment. If the company is genuinely insolvent, this process ensures an orderly liquidation of its assets under a court-appointed receiver, with proceeds distributed fairly among creditors. In cases involving potential fraud, we can also advise on liaising with bodies like the Financial Reporting Centre (FRC) and leveraging aspects of The Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
Our Integrated Legal & Financial Recovery Procedure
The synergy between our legal and investigative teams is what makes our procedure so effective. The process is designed to apply pressure from multiple angles simultaneously.
1. In-depth Due Diligence: We begin with a comprehensive investigation into the debtor's financial standing, corporate structure, and payment history. This forensic-level review informs our entire strategy.
2. Parallel Processing: As our legal team initiates the formal legal process starting with a statutory demand letter, our financial investigation unit begins skip tracing and preliminary asset searches. This parallel approach saves valuable time.
3. Securing Assets Pre-Judgment: The intelligence gathered from asset tracing can be used to make powerful court applications. For instance, we can apply for an 'injunction' (also known as a Mareva injunction or freezing order) to prevent the debtor from disposing of or transferring assets before a final judgment is made.
4. Targeted Enforcement and Liquidation: Once a court decree is obtained, we don't engage in a blind search for assets. We move with precision, using our pre-acquired intelligence to direct the auctioneer to specific, high-value assets. This targeted enforcement dramatically increases the speed and success rate of the final recovery phase.
Debt Recovery & Auctioneering Coverage in Kenya
Swipe Recoveries Experts Ltd provides commercial recovery, skip tracing, and auctioneering services across Kenya and all 47 counties in Kenya.
Pricing Models for Comprehensive Financial Recovery Services
Given the intensive and specialized nature of legal financial recovery, the pricing structure reflects the depth of the work involved. It is designed to be a shared-risk partnership.
Initial Retainer Fee: Due to the significant upfront work in due diligence, asset tracing, and investigation, a retainer fee is typically required. This fee can range from KES 50,000 to KES 150,000+, depending on the anticipated complexity of the case. This covers the initial investigative costs and demonstrates a commitment from both parties.
Success-Based Commission: The largest component of our fee is the success fee, or commission, which is contingent upon a successful recovery. This is calculated as a percentage of the total funds recovered and typically ranges from 15% to 30%. This performance-based model ensures our primary goal is to get your money back.
Itemized Disbursements: Specific, costly legal actions may be billed separately as disbursements. These include statutory fees for filing a winding-up petition, costs for official searches at the Lands Registry or company registry, and fees for engaging external forensic accountants if required. All such costs are discussed and approved by you in advance.
