Kenya's auctioneering sector is calling for reforms to strengthen the enforcement of court judgments even as the National Police Service (NPS) rolls out new guidelines clarifying when police officers should assist licensed auctioneers during executions.
Industry players say the developments will improve coordination between courts, police and auctioneers while enhancing the fair and lawful execution of court orders.
At the same time, the National Auctioneers Association of Kenya (NAKA) has urged the Judiciary to review how courts handle stay orders issued after lawful attachments have already taken place. The association argues that auctioneers are frequently left to absorb substantial execution costs despite acting under valid court warrants.
NAKA National Chairman Maurice Osundwa said auctioneers are officers of the court entrusted with enforcing judgments and should be protected when carrying out their statutory duties.
"The administration of justice does not end when judgment is delivered. Justice is only complete when successful litigants enjoy the fruits of that judgment through effective execution. Auctioneers play a critical role in that process and deserve equal protection under the law," Osundwa said.
He pointed out that auctioneers have always complied with legal procedures before executing warrants, including issuing statutory notices, proclaiming property and, where necessary, attaching goods. However, courts sometimes issue stay orders after execution has commenced and direct the unconditional release of attached property without addressing the costs already incurred by auctioneers.
Although auctioneers can recover their fees through taxation of costs, Osundwa said the process is often lengthy, costly and delays the enforcement of court decrees.
"An auctioneer who has lawfully executed a court warrant should not be penalised for faithfully carrying out judicial instructions. Where a stay is granted after attachment, payment of legitimate execution costs should ordinarily be part of the court's orders unless there is evidence of misconduct or procedural irregularities," he said.
According to Osundwa, several courts have already adopted the practice of requiring execution costs to be settled before ordering the release of attached property, demonstrating that such an approach is practical and equitable.
He warned that unconditional stay orders can encourage judgment debtors to delay compliance with court decisions, ultimately undermining confidence in the justice system.
"The credibility of our courts depends not only on delivering sound judgments but also on ensuring those judgments are effectively enforced. Consistency in handling execution matters will strengthen public confidence in both the Judiciary and the auctioneering profession," he added.
The association's proposals come shortly after the National Police Service issued a circular dated July 24, 2026, providing long-awaited guidance on police assistance during distress for rent, repossessions, attachments and evictions.
The directive aims to eliminate confusion over police involvement while ensuring officers act strictly within the law.
Under the new guidelines, police may assist licensed auctioneers conducting distress for rent without a court order, provided officers verify the required statutory documents, including a valid distress notice issued under the Distress for Rent Act.
Police may also assist during repossession of property where a valid charge, loan or hire-purchase agreement contains a repossession clause, subject to verification of the documents and confirmation that the exercise is being conducted by a licensed auctioneer.
However, the circular makes it clear that court-issued warrants of attachment and eviction orders require valid judicial authority before police officers can participate. Such orders must be specifically addressed to the Officer Commanding Station (OCS) and properly authenticated.
The NPS also clarified the application of Rule 9 of the Auctioneers Rules, stating that where an auctioneer anticipates resistance, violence or a breach of the peace during execution, the auctioneer must first obtain a court order directing police officers to assist.
Importantly, the directive emphasises that police support is not automatic for every execution. Assistance should only be provided where genuine security concerns exist and where the legal requirements have been met.
To standardise operations nationwide, Officers Commanding Stations have been instructed to verify court orders, distress notices, repossession documents and auctioneers' licences issued by the Auctioneers Licensing Board before deploying officers. The circular also requires proper operational planning for large-scale evictions involving multiple occupants to safeguard public order.
Osundwa welcomed the directive, describing it as a significant step towards improving cooperation between auctioneers and law enforcement agencies.
"We commend the Inspector General and the National Police Service for providing a clear operational framework. The guidelines protect police officers from acting outside the law while enabling licensed auctioneers to perform their duties professionally and safely. Greater consistency in enforcement will benefit creditors, debtors and the justice system as a whole," he said.
He urged judicial officers, police commanders, financial institutions, landlords and licensed auctioneers to embrace the new guidelines while supporting broader reforms that promote fair, efficient and predictable execution of court decrees.
Stakeholders believe that the combination of clearer police procedures and reforms to the handling of execution costs could significantly improve the efficiency of Kenya's civil justice system by balancing the rights of decree holders, judgment debtors and court-appointed auctioneers while reinforcing respect for the rule of law.
