Eagle Eye Auctioneers v SMEP Bank Micro Finance Ltd (Miscellaneous Case E011 of 2026) [2026] SCC 200 (KLR)

REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT OF KENYA AT UASIN GISHU COUNTY COURT NAME: ELDORET SMALL CLAIMS COURT CASE NUMBER: SCCCOMMMISC/E011/2026 EAGLE EYE AUCTIONEERS VS SMEP BANK MICRO FINANCE LIMITED RULING 1. Before this Court is the Applicant's Notice of Motion dated 13th July, 2026 brought under Rule 55 of the Auctioneers Rules, 1997 seeking, inter alia: a) That the applicant's bill of costs arising out of the execution of letters of instructions to repossess motor vehicle registration number KCL 085Q b) Issuance of a Certificate of Costs and adoption thereof as an order/ judgment of the court for execution purposes c) Costs of the application be borne by the respondent. 2. The application is premised on the grounds on the face and supported by the affidavit of Kibet Ronoh a licensed auctioneer who deponed that on 19 th October, 2021, he received a letter of instructions to repossess motor vehicle registration number KCL 085Q, the letter of instruction was annexed as A. He deposes that on 22 nd November, 2021 he proceeded to Kitale within Transnzoia county and repossessed and proclaimed the said vehicle registration number KCL 085Q and booked the same at Eldoret Supermax store for storage, the proclamation, notification and motor vehicle acceptance form were annexed as B, C and D. The deponent prayed for their bill to be assessed at ksh 116,064/- the said application being unopposed despite service upon the respondent on 24 th July, 2026 and 29th July, 2026 as evidenced by the return of service sworn on 24 th July, 2026 and 29th July, 2026 by one KENNETH O. ODUOR, confirming service upon the respondent via email being info@smep.co.ke. 3. There is no dispute that the Applicant was duly instructed by the respondent vide a letter dated 19th October, 2021 to proceed and reposes the vehicle and noted that the loan balance to be recovered at the time of instruction was ksh 522,884.82. The applicant proceeded to action therefore, it is not in doubt that the auctioneers are entitled to a fee only that the question is, how much? 4. Rule 55 of the Auctioneers Rules empowers this Court to assess an auctioneer's charges where the same are disputed. The respondent herein was served but has not filed any response to the application. Nevertheless, this court has looked at the bill, it is notable that the same is drawn to scale save for item c revised to ksh 10,000/-. Item d revised to

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