Lingawa Self Help Group (Through its Officials Gitau Ng'ang'a and Daniel Mburu) v Gathirwa t/a Eldera Management Agencies (Commercial Case E2763 of 2024) [2026] SCC 184 (KLR)
The bottom line
#An Eldoret court set aside the irregular attachment of a man's vehicle because auctioneers skipped required steps, ordering the creditor to foot the resulting auctioneer's charges.
What this practically means
#Executive summary
#Key legal issues
#Whether the execution proceedings, including attachment and advertisement of the applicant's vehicle, were conducted regularly
The execution was irregular because proclamations were not served or signed as required under Rule 12(1)(b) of the Auctioneers Rules, and the attachment and advertisement of the vehicle were set aside
Rule 12(1)(b) requires a proclamation in Sale Form 2 signed by the owner or an adult at the premises, plus seven days' notice before removal. The proclamation on record bore no signature of the applicant or agent. The applicant alleged no proclamation preceded the vehicle attachment. The court held the burden shifted to the respondent to disprove the allegations, which was not discharged. Relying on Ramogi v Great Lakes University Kisumu, the court found decree holder and auctioneer ignored the rules and nothing comes out of an irregularity.
Whether the auctioneer is entitled to fees arising from the irregular execution
The auctioneer cannot claim fees for the irregular attachment and advertisement of the vehicle; any further payment is unlawful and amounts already paid towards that irregular execution must be refunded
Having found the attachment of the vehicle and its advertisement irregular, the court held the auctioneer cannot benefit from an illegality to which he was party. The claimant/decree holder is to bear the auctioneer's charges arising from the irregular execution, and the applicant is to be refunded Ksh 106,000/- relating to that process. However, the earlier Ksh 90,000/- paid to secure release of goods under the first proclamation was upheld as properly paid.
Legal principles established
#- An execution process carried out in breach of the Auctioneers Rules is irregular and nothing comes out of an irregularity; an auctioneer cannot benefit from or charge fees for an irregular execution.
Court orders
#- 1.The execution proceedings leading to the attachment and advertisement of motor vehicle registration number KBC 055Q are set aside
- 2.The warrants of attachment and sale issued to Top Leaf Auctioneers are recalled
- 3.The charges for the auctioneer arising from the irregular execution be met by the claimant
- 4.Topleaf auctioneers to file their bill of costs in court if need be
- 5.Each party to bear its own costs
- 6.Leave to appeal is granted
- Jurisdiction invoked
- Sections 3A and 34 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lingawa Self Help Group (Through its Officials Gitau Ng'ang'a and Daniel Mburu) v Gathirwa t/a Eldera Management Agencies (Commercial Case E2763 of 2024) [2026] SCC 184 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/184/eng@2026-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.