No more ugly scenes with auctioneers

By KEPHER OTIENO

Auctioneers will not break the door of any premises to attach property for loan or rent defaulters without a signed court order.

This follows recent amendment of Auctioneers Rules by Chief Justice Evan Gicheru to legitimise the process, which initially lacked legal standing.

This would assist courts in issuance of orders to the auctioneers devoid of legal technicalities while handling the legal matters.

Previously, courts issued orders to auctioneers to assist in the process of execution of repossession and distress for rent.

They also issued warrants of attachment and sale of property yet all these actions had no legal basis in which the auctioneer would seek audience of the court.

As a result, some auctioneers abused the privilege and even hired goons to break into people’s homes or premises to forcefully attach property.

This elicited several complaints with aggrieved parties decrying massive losses as a result of the harassment by auctioneers.

Under the revised Rule 9 of the Auctioneers Act, they will be required to make sure they demonstrate clearly reasons to attach property.

Again, they will not be allowed to carry out the evictions without involvement of the police in circumstances where the plaintiffs fail to cooperate with them.

police step in

The new rule says police will step in where an auctioneer may have reasonable cause to believe that he may have to break the door of any premises and repossess goods.

Officers might also step in where an auctioneer is subject to resistance or intimidation by the debtor or other person or a breach of peace is likely to result to seizure of property.

East African law Society Secretary General James Mwamu said the rule was made because advocates had difficulties applying for attachment orders.

“Defaulters are now safeguarded from the wrath of auctioneers who hired gangs to break into their houses to attach their property,” he said.

Defaulters will also have to sign for the goods seized or property attached so that they can trace them.

“Now it will be done with some dignity and decorum. So, if one defaults to pay rent auctioneers cannot come in with thugs and break one’s house and repossess goods,” he said.

Initially, there was no law requiring them to get court orders and many wayward auctioneers could not account for several valuables seized, leaving defaulters hapless.

Those whose who damages the client, property will have to pay for it under the new constitutional order.