Understanding auctioneers and the work they do

For many Kenyans, an encounter with an auctioneer comes as a shock, often accompanied by confusion, fear, or misunderstanding about who the person really is.

Auctioneers play a vital role in the justice system as officers responsible for enforcing court orders and ensuring judgments are implemented.

Auctioneering in Kenya is governed by the Auctioneers Act.

These laws define the framework under which auctioneers operate and outline their powers, responsibilities, and professional conduct.

According to Maurice Osundwa, chairman of the National Association of Kenya Auctioneers (NAKA), public awareness about how auctioneers operate remains limited, often leading to confrontation and misinformation.

“Auctioneers are not rogue actors who wake up and decide to confiscate property. They act under strict legal instructions issued either by courts or through formal letters of instruction,” Osundwa says.

In most cases, the involvement of an auctioneer comes at the final stage of a legal dispute. Once a court determines a case, judgment is entered in favour of one party and a decree issued confirming the decision.

If the losing party, known as the judgment debtor, fails to comply, the successful litigant may seek enforcement through execution proceedings. It is at this stage that an auctioneer is formally instructed.

The court issues warrants of attachment authorising the auctioneer to identify and attach property belonging to the debtor in order to recover the outstanding debt.

“Execution of court decrees is the final step in ensuring justice is served. Without it, judgments would remain only on paper,” Osundwa explains.

Once an auctioneer receives the warrants, the first step is to proclaim the property of the debtor by identifying movable assets that may be attached to recover the debt.

During proclamation, the auctioneer issues notices giving the debtor an opportunity to respond before further action.

The law provides different timelines depending on the type of property. Movable properties often get notices of 17 days while redemption notice for land and other immovable properties get notices of not less than 45 days.

These notices provide a window for the affected party to act.

“The law deliberately provides these timelines so the debtor can engage. They can pay the debt, negotiate a payment plan, or move to court to obtain a stay order,” Osundwa says.

Ignoring these notices can escalate the situation.

If the notice period expires without resolution, the auctioneer may proceed with execution. This usually involves carting away the proclaimed goods and issuing a notification of sale.

The property is then advertised in a daily newspaper informing the public that the items will be sold through a public auction.

However, the law does not allow an immediate sale. The auction must take place at least eight days after the advertisement appears.

During this period, the debtor still has the right to redeem the goods by settling the debt or obtaining court orders.

“Even after goods are proclaimed or removed, the law allows room for redemption. The intention is compliance with a lawful court decree,” Osundwa explains.

Another concern raised by the public is the risk of fraudulent individuals posing as auctioneers.

To prevent abuse, all licensed auctioneers must be registered and regulated by the Auctioneers Licensing Board (ALB) and carry official identification.

Members of the public have the right to verify the identity and licensing status of any auctioneer before cooperating.

“Every legitimate auctioneer must carry an identification badge issued by the Auctioneers Licensing Board. If in doubt, the public should verify with the board,” Osundwa advises.

Despite the confrontational nature of their work, auctioneers are bound by strict professional and ethical guidelines outlined in their operational rules.

They must act with professionalism, fairness, and respect while carrying out their duties.

“Auctioneers operate within the confines of the law and owe a duty to the court and the public,” Osundwa says.

He adds that the profession demands discipline and integrity because auctioneers represent the authority of the judicial system during enforcement.

Legal experts say public awareness about the auctioneering process remains low, which often fuels hostility and misunderstanding when enforcement occurs.

Many Kenyans only encounter auctioneers during financial distress, making it difficult to appreciate the legal framework governing their actions.

The National Association of Kenya Auctioneers has been advocating greater public education to help citizens understand their rights and obligations during execution proceedings.

“When people understand the process, they respond appropriately rather than emotionally. Knowledge empowers both debtors and creditors,” Osundwa notes.

Ultimately, auctioneers operate at the intersection of law, commerce, and justice. Their work ensures court decisions carry practical meaning.

As Kenya strengthens its legal and commercial systems, greater public understanding of the auctioneering process may help reduce conflict and reinforce confidence in the rule of law across the country and society at large.