If you default on a Kenyan logbook loan the lender can repossess and auction your vehicle, but only after issuing written notice of default and giving you a reasonable cure window (industry practice is a seven-day cure window under the CBK code of conduct). Skipping the notice is not lawful.
The default timeline
- Missed payment plus one to three days. Reminder SMS and calls from the lender's collections team.
- Arrears at 7 to 14 days. Formal reminder letter listing the outstanding balance and demanding payment.
- Arrears at 30 days. Statutory notice of default under the Chattels Transfer Act. This is the notice that starts the enforcement clock.
- Cure window. Typically seven days. If you clear the arrears in full during this window, enforcement usually stops.
- Repossession. Licensed auctioneers appointed by the lender seize the vehicle. Repossession must be lawful; you can refuse a self-help seizure that lacks court order or auctioneer's warrant.
- Auction. Vehicle is auctioned to recover the debt. Auction prices are typically 60 to 80 percent of market value.
- Shortfall or surplus. Any shortfall remains a debt. Any surplus (rare) is returned to you.
- CRB reporting. Arrears are reported to the credit reference bureaus and stay on your record for five years after the arrears are cleared.
If you know a bad month is coming
Call the lender before you miss a payment, not after. Every licensed non-bank lender in Kenya has a restructure process: longer term, smaller instalment, or a payment holiday. Restructure requests made before arrears are usually approved. Requests made after arrears default to a much stricter conversation, usually ending in enforcement.
If enforcement starts unfairly
- Ask for the statutory notice in writing. No lawful notice means no lawful enforcement.
- Ask to see the auctioneer's warrant. A private towing company is not an auctioneer.
- File a complaint with the lender's complaints channel first.
- Escalate to the CBK Consumer Protection division if the lender's complaint response is inadequate.