Before most commercial disputes reach a courtroom, they pass through a demand letter. Written well, one letter can achieve what months of negotiation did not; written badly, it can concede ground or inflame a matter that was close to settlement.
What does a demand letter achieve?
- It puts the recipient on formal notice of your claim and its legal basis.
- It often prompts payment or compliance , many recipients act once a claim is put in writing by an advocate.
- It creates a dated paper trail that strengthens your position if proceedings follow.
- It fixes a deadline, which concentrates minds on both sides.
- It demonstrates seriousness without the immediate cost of filing suit.
What should a demand letter contain?
Keep it factual and short: the parties and their relationship, the key events with dates, the legal basis of the claim, a specific demand , an exact sum or a clearly described action , a deadline for compliance, and what will follow if the deadline passes. Professional, measured language outperforms threats; judges and opposing advocates both read tone as evidence of how the writer will behave in proceedings.
Attach the documents that matter , the contract, the invoice, the calculation of the sum claimed , and say in a line what each one shows. A letter the recipient can verify in five minutes is more persuasive than pages of argument, and it shows that the claim was not written in haste.
Should you send one yourself, or reply to one?
A letter drafted by an advocate carries the precision that comes from knowing which facts matter legally and which do not. If you receive a demand letter, do not ignore it and do not reply in anger: note the deadline, gather the documents mentioned, and take advice promptly. A considered reply within the deadline preserves defences you may not realise you have, and opens the door to negotiation or mediation before positions harden. Our contract law team drafts and responds to demand letters routinely, and our arbitration and ADR practice handles the resolution processes that often follow. Court procedures for claims that do proceed are published by the Judiciary.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.