Debt collection calls can be stressful, especially when you’re unsure of what to say or how to respond. In Kenya, these calls are regulated by strong consumer protection laws that prevent harassment and ensure debt recovery is handled ethically. Knowing your rights and following the right steps makes it easier to manage debt collection calls, avoid intimidation, and protect yourself from scams.
Understanding Your Rights as a Debtor
Debt collection calls in Kenya must comply with the Civil Procedure Act (Cap. 21) and the Consumer Protection Act (Cap. 523). These laws shield debtors from unfair practices and outline what collectors can and cannot do.
Key protections include:
- No harassment or intimidation: Collectors cannot use threats, insults, or repeated aggressive calls.
- Timing restrictions: They can only call between 8:00 AM and 9:00 PM.
- Workplace privacy: They cannot contact you at work if your employer objects.
- Confidentiality: They are prohibited from disclosing your debt to anyone, be it family, friends, or colleagues without your consent.
- Right to debt verification: You can dispute a debt and request written proof. Collectors must provide details including the original creditor, the exact amount owed, supporting documents, and the collection must stop until verification is provided.
- Protection of essential assets: Items like basic household goods are exempt from seizure.
- Statute of limitations: Most debts in Kenya expire after three to six years, depending on the type of agreement.
These protections help you handle calls from debt collectors in Kenya without fear or pressure.
Step-by-Step Guide to Managing Debt Collection Calls
1. Stay Calm and Verify the Caller
When debt collection calls come in, remain composed. Avoid admitting liability immediately. Instead, ask the collector to identify themselves fully:
- Name and job title
- Collection agency
- Account reference number
- Contact details
Request that verification of the debt be sent to you via email or postal mail. Scammers usually push for immediate payment without providing documents, so this step helps you filter out fraudulent callers.
2. Record and Document Every Interaction
Create a detailed log of all communication. Note:
- Date and time of the call
- Duration
- Collector’s name and agency
- What was discussed
If legal in your county (and after informing the caller) you may record the call. You can also take notes using an app or notebook. Documentation is essential if you need to file a complaint, dispute the debt, or prove misrepresentation.
3. Move the Discussion to Writing
Written communication gives you a stronger paper trail than phone calls. If you prefer to avoid calls from debt collectors in Kenya, tell them:
“Please send all future communication in writing.”
Emails and letters help prevent misunderstandings and give you clear evidence of what has been agreed.
4. Negotiate Repayment Terms You Can Afford
If the debt is verified and valid, negotiate a repayment plan based on your financial situation. You might suggest installments such as Sh5,000 per month or another amount that fits your income.
Important points:
- Get all agreements in writing.
- Avoid cash payments to agents. Always pay through bank accounts or cheques made out to the original creditor.
- Be cautious about “compromise deals” offered verbally by agents. These often do not reduce the principal balance and may never reach the creditor.
Understanding that collection agents work on commission helps you remain firm and avoid pressure tactics.
5. Escalate Misconduct When Necessary
If a collector violates your rights by harassing, threatening, or calling outside permitted hours, you can take action:
- For threats or intimidation: Report to the police.
- For violations of consumer protection laws: Contact the Competition Authority of Kenya (CAK).
- For legal support: Seek help from debt collection lawyers or free legal aid organizations like Kituo Cha Sheria.
Jefferson Wachira is a writer at Africa Digest News, specializing in banking and finance trends, and their impact on African economies.