Brayan Mwangi t/a Vintage Auctioneers v Proto Energy Limited & Solutions East Africa Limited

total decretal sum of Kshs. 10,850,393.42 (Exhibit BM1).12th June 2026: The auctioneer proclaimed the movable properties of the Defendants (Exhibit BM-2).He attached two vehicles belonging to the defendants being vehicles: KCP 258A and KCX 062M (Exhibit BM-3). That defendants entered into a consent agreement granting them a grace period to settle the debt alongside the auctioneer's charges, and the vehicles were subsequently released (Exhibit BM-4), on 19th June 2026 while they paid the decreed sum to the plaintiff's advocate, they failed to pay the agreed auctioneer's charges. 5. The auctioneer a statutory notice of taxation (Exhibit BM-5), to the defendants which they ignored, necessitating the application.Applicant has filed along with the motion an itemized Bill of Costs claiming Kshs. 794,739.66/= No. Date / Phase Particulars of Charges & Scale Calculations 1–3 09/06/2026 Receipt of warrants, pre-attachment fees, and verification/pointing out. 25,000.00 4 12/06/2026 Proclamation Transport: Nairobi to USIU Road (12.4 km) & Nairobi to Mombasa (484 km) calculated at statutory rate (Scale: km × 2 × Kshs. 99.42 × 3). 296,112.53 5 12/06/2026 Labor on proclamation and inventory compilation. 8,000.00 6–7 19 & 26/06 Labor costs for the physical attachment of vehicles KCP 258A and KCX 062M (Kshs. 40,000 each). 80,000.00 8 Statutory Scale Auctioneer's Commission: Calculated under Part II of the Auctioneers Charges based on the Kshs. 10.85M sum (10% on first 100k; 5% on next 900k; 2% on the remaining balance). 252,007.87 9– 12 Disbursements Fuel expenses (Kshs. 3,000), drawing the bill (Kshs. 7,000), process server service (Kshs. 9,000), and court attendance ruling (Kshs. 5,000). 24,000.00 13 Subtotal Total basic fees and disbursements 685,120.40 14 Tax Value Added Tax (VAT) at 16% 109,619.26 GRAND TOTAL Total amount requested from the Taxing Officer Kshs. 794,739.66 MARIAKANI MISC CC APPL E007 OF 2026/RULING Amount Charged (Kshs.) 2

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6. Defendants filed a Notice of Objecting to Taxation and opposed the motion via replying affidavit sworn 18/8/2026 by Symon Kipkemboi a legal officer for GA Insurance on behalf of both defendants. 7. The applicant filed a supplementary affidavit. 8. ANALYSIS AND FINDINGS: The court has considered the respective parties positions. 9. A ruling was delivered on 14/7/2026 by HON. M.S. KIMANI, SPM in the substantive suit, allowing in its entirety the Notice of Motion dated 27th June,2026 in presence of the counsel for the Plaintiff/Respondent and in absence of Counsel for the Defendant/Applicant. The Court’s Finding in favour of the Defendant/Applicant was attachment and execution levied by the Interested Party auctioneer on 19th June, 2026 and 24th June, 2026 was unlawful, irregular, excessive and an abuse of the process of the court. The Court consequently quashed the warrants of attachment and sale issued for Kshs.10,850,393.42, having been executed for the full decretal sum notwithstanding substantial part-payment. The Court declared the applicant in that matter was not liable for any auctioneer's fees, charges or expenses arising from the said unlawful attachment and attempted execution. 10. The auctioneer/deponent is therefore not being forthwrit i in his supplementary affidavit in claiming there was no such order made on auctioneer’s fees. 11. Under Section 34 of the Civil Procedure Act, ‘ That all questions arising between parties to the suit in which the decree was passed, or their representatives and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by separate suit. With the Ruling of 14/7/26 by Hon. Kimani SPM, the best option the auctioneer had was to move the High Court for determination on the lawfulness of the orders of 14/7/26. 12. Applicable law: Jurisdiction to tax the auctioneer's bill. The court has considered the case Kimuyu v Ngulili & 2 others (Environment & Land Case 040 of 2024) [2025] KEHC 9507 (KLR) (3 July 2025) (Ruling). In this matter the issue for determination first was whether the Court should order that the Deputy Registrar of the Court do tax the auctioneers bill in accordance with Rule 55(2) of MARIAKANI MISC CC APPL E007 OF 2026/RULING 3

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the Auctioneers Rules. Among other issues. On the issue, Judge Obaga held in paragraph 19. “On the first issue, there is no contention that the Applicant is disputing the auctioneer’s bill as presented to him. Rule 55(2) of the Auctioneers Rules provides as follows: “Where a dispute arises as to the amount of fees payable to an auctioneer—In proceedings before the High Court; or b.Where the value of the property attached or repossessed would bring any proceedings in connection with it within the monetary jurisdiction of the High Court, a registrar, as defined in the Civil Procedure Rules (Cap. 21, Sub. Leg.), may on the application of any party to the dispute assess the fee payable. 20. As per Rule 55 (2) of the Auctioneers Rules, where there are proceedings before this court as is the case herein and there is a dispute on the amount payable, the court can order the auctioneers bill be taxed by the Deputy Registrar of the court. The Judge then finding the applicant was disputing the amount being charged by the auctioneer and there being no agreement on fees, ordered that the Deputy Registrar of this court should tax the auctioneer’s bill which shall be filed by the auctioneers. 13. In the matter now before this court, there is no order from the High Court on assessment of the auctioneer's bill of costs. 14. Mariakani law court falls within the supervisory jurisdiction of the High Court,Malindi. 15. It is this court's view that this court cannot determine the current application and tax the auctioneer's costs as sought by the applicant. The Bill is struck out 16. The decision made 14/7/2026 (M. S. Kimani, SPM) has not been appealed against. For this court to determine the merits or otherwise of the current motion seeking taxation would in essence be sitting on appeal against the decision of a magistrate. Such appellate power lies in the High Court, Malindi. 17. This court therefore declines to entertain the auctioneer's application. The defendants’ objection is upheld for those reasons. The auctioneer's motion is dismissed. Each party shall bear own costs of the application. Leave to appeal granted 30days of today. MARIAKANI MISC CC APPL E007 OF 2026/RULING 4

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RULING DATED, SIGNED & DELIVERED THIS……25th DAY of SEPTEMBER 2026 IN PRESENCE OF: Applicant auctioneers: ABSENT. Respondents: Represented by:ABSENT. G& G Advocates LLP Court Assistant:…Zulekha & Wesonga. T. N. SINKIYIAN, Principal Magistrate MARIAKANI MISC CC APPL E007 OF 2026/RULING 5

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