Frequently Asked Questions

Yes. A licensed auctioneer is authorized by law to enter premises to enforce a court order or instructions from a creditor, but only between sunrise and sunset.

They are allowed police escort if they expect resistance and can break in, but this is at the cost of the debtor.

No. Before removing goods, an auctioneer must issue a proclamation notice, which gives the debtor 7 days to settle the debt for movable properties and 14 days for rent distress cases.

No. Certain items are exempt from attachment by law, such as wearing apparel, bedding, and the tools of one’s trade (to a certain value).

Do not panic. Immediately ask to see their original licensed auctioneer identification card and the court warrant or letter of instruction.

Check if the documents are valid and confirm the person is listed with the Auctioneers Licensing Board.

No. It is an offence to interfere with, hide, or move goods that have been proclaimed. The goods are in the “custody of the law”.

No. Working hours are restricted by law to between 6:00 am and 6:00 pm (sunrise to sunset).

You can verify a licensed auctioneer by contacting the Auctioneers Licensing Board based at the Milimani Courts in Nairobi. Only individuals licensed by the Board can conduct auctions, repossessions, or evictions.

If the goods are sold, the proceeds pay the creditor. If the proceeds are not enough, the creditor can still sue for the remaining balance.

You can lodge a complaint with the Auctioneers Licensing Board. If the board rules in your favour, they can suspend or revoke the auctioneer’s license, impose a fine, or order compensation.

Any “surplus” funds remaining after the debt, interest, and all auctioneer/legal costs are covered must be returned to the owner of the property.

If the auctioneer acts within the law and the scope of the warrant, they are protected as officers of the court. However, they must exercise “reasonable care” to avoid negligence.