ADVOKS GLOBAL · KENYA
Hire-Purchase Act
29. Limitation on enforcement of agreement
Edition: 2022-12-31 · In force
29. Limitation on enforcement of agreement
An owner shall not be entitled, by reason of the hirer’s failure to carry out any obligation under a hire-purchase agreement, to enforce—(a)any provision in the agreement for the acceleration of the payment of an instalment, unless an instalment, or some part of an instalment which is not less than one-tenth of the hire-purchase price, or two or more instalments or part of instalments which altogether are not less than one-twentieth of the hire-purchase price, are due and unpaid; or(b)any provision in the agreement for the payment of an amount of damages, or for forfeiture or penalty, or for the acceleration of the payment of an instalment, unless he has made written demand to the hirer to carry out the obligation in question within a specified period of not less than fourteen days beginning with the date of service of the demand and the hirer has failed to comply with the demand.