Kassam v Patel t/a Jayi Yogi Household & 3 others (Civil Miscellaneous E018 of 2026) [2026] KEMC 214 (KLR)

The court set out Rule 9 of the Auctioneers Rules 1997, which allows an auctioneer who anticipates resistance, intimidation or breach of peace during repossession to request police escort by way of miscellaneous application supported by affidavit, heard ex-parte. The court held that such applications need not be served on the tenant or judgment debtor prior to grant, and that the issue of stay of the adopted Tribunal orders did not arise in this application.

Section 14(1) of Cap 301 permits a certified copy of a Tribunal determination or order to be filed in a competent subordinate court of the first class and enforced as a decree of that court, subject to any right of appeal. The court found no doubt that the auctioneer was acting pursuant to such adopted orders and was entitled to facilitation with security during enforcement.

The court found that the interim injunction sought related to eviction events that had already occurred, with the auctioneer having executed the eviction in the absence of stay orders, and a status quo order of 18/3/2026 preserving the existing situation without reversing completed acts. Consequently, upon delivery of the ruling the prayers were spent and nothing substantial remained for determination.