AUCTIONEER IN TROUBLE AFTER ALLEGEDLY SELLING MOTOR VEHICLE IN DISREGARD OF COURT CONSENT AND ADVOCATE'S INSTRUCTIONS
Vintage Auctioneers is facing potential criminal, civil, and administrative proceedings after allegedly selling a motor vehicle in blatant disregard of a court-sanctioned consent, express advocate's instructions, and established legal procedures. The matter relates to the disputed sale of a motor vehicle that was the subject of ongoing settlement arrangements between the parties. According to information available, a consent had been duly entered into between the parties and its terms fully communicated to the auctioneer. Following negotiations and taxation regarding payment of the auctioneer's fees, the attachment and proclamation charges amounting to KSh 96,500 were settled. It is further alleged that the first instalment payment under the consent was made as agreed and that all relevant parties communicated the existence and effect of the consent to the auctioneer. Notably, the advocate on record had expressly instructed that the motor vehicle was not to be sold. The auctioneer was fully aware of these instructions, the subsisting consent between the parties, the settlement of the auctioneer's fees, and the payment of the first instalment under the consent. Despite these clear instructions and circumstances, Vintage Auctioneers allegedly proceeded with the sale of the motor vehicle in blatant disregard of the advocate's directions, the consent on record, and the applicable legal procedures. Additionally, it is alleged that the auctioneer failed and/or neglected to serve the affected party with the requisite notification and newspaper advertisement of the intended sale of the motor vehicle, contrary to the mandatory provisions governing attachment and sale procedures. The actions complained of are said to have been undertaken in disregard of the recorded consent, applicable legal procedures, and the rules of natural justice, thereby causing substantial prejudice to the affected parties. The matter has since been reported to the Directorate of Criminal Investigations (DCI) for investigations into the circumstances surrounding the sale of the motor vehicle. Efforts are also underway to recover the motor vehicle and obtain a full account of the proceeds arising from the purported sale, including disclosure of the purchase price, amounts received, amounts remitted, and any balances currently being held by parties involved in the transaction. The right to institute both criminal and civil proceedings against the auctioneer and any other culpable parties has been reserved. Separately, on 3 June 2026, the Association of Kenya Insurers (AKI), in collaboration with the Auctioneers Licensing Board, announced the suspension of seven auctioneers following allegations of misconduct.
Ladun Liadi -