What makes a final demand letter different from a standard demand letter?
A final demand letter is the last formal notice before legal proceedings. It should clearly state: the full amount owed (including any interest or costs), that previous demands have been ignored, the final deadline (typically 7 days), and that court action will follow immediately without further notice.
Does a final demand letter stop the limitation period in Kenya?
No. A demand letter does not stop the clock on the limitation period. Under the Limitation of Actions Act (Cap. 22), most contract claims must be filed within 6 years of the breach. Sending a letter does not extend this period — you must file in court within the limitation window.
Is a final demand letter effective in common law countries?
Yes. Final demand letters (sometimes called 'letters before action') are recognised across common law jurisdictions. In England, the Pre-Action Protocol requires a letter before action for most civil claims. In Kenya, Australia, and other jurisdictions, courts expect evidence of a demand before proceedings.