Professional Auctioneering Services Across Kenya

Choosing a licensed auctioneer firm kenya can trust is essential for executing court orders, realizing securities, or liquidating assets in a legally compliant and profitable manner. An unlicensed or unprofessional auctioneer can lead to costly legal challenges, nullified sales, and significant financial loss. Swipe Recoveries Experts Ltd is a fully licensed and accredited auctioneer firm, operating under the strict regulations of the Auctioneers Licensing Board of Kenya. Our expertise spans a wide range of services, including the execution of court warrants, distress for rent, realization of charged securities (e.g., motor vehicles and property), and general auctioneering. We are committed to upholding the highest standards of transparency, integrity, and professionalism in every engagement.

The Legal Mandate: The Auctioneers Act & Licensing in Kenya

The practice of auctioneering in Kenya is strictly regulated by The Auctioneers Act (Cap 526) and its subsidiary legislation, The Auctioneers Rules. This legal framework was established to professionalize the industry and protect the public from fraudulent or unethical practices. The central authority is the Auctioneers Licensing Board, a statutory body responsible for vetting, licensing, and regulating all auctioneers in the country. To be licensed, an auctioneer firm must demonstrate extensive knowledge of the law, meet stringent integrity requirements, and secure a professional indemnity cover.

The Act clearly defines the powers and limitations of an auctioneer. For instance, when repossessing or attaching property, an auctioneer must follow a precise legal procedure, including providing proper notification. A key document is the Proclamation Notice, which gives the debtor a specific period to settle the debt before the goods are attached and sold. Any deviation from these procedures, such as failing to advertise the auction in a newspaper of national circulation as required, can render the entire process illegal. As a leading auctioneer firm in Kenya, Swipe Recoveries guarantees 100% adherence to The Auctioneers Act in all our operations.

auctioneer firm kenya
Swipe Recoveries Experts Ltd

A Step-by-Step Guide to Our Professional Auctioneering Process

Our auctioneering process is methodical and transparent, ensuring all stakeholders are treated fairly and the law is followed to the letter.

1. Receipt of Instructions: We begin by receiving formal, written instructions from a client, which could be a bank, a landlord, a law firm with a court decree, or a business liquidating assets. We verify the legality and enforceability of the instruction (e.g., a valid court warrant or chattel mortgage).

2. Proclamation and Attachment: In cases of debt, we proceed to the debtor's premises to proclaim the moveable assets designated for attachment. We issue a formal Proclamation Notice, which lists the items and gives the debtor a statutory period (typically 7-14 days) to pay the debt. If payment is not made, we proceed with the lawful attachment of the goods.

3. Storage and Advertisement: Attached goods are removed and stored in a secure yard or warehouse. We then place a statutory advertisement for the public auction in a newspaper with nationwide circulation. The advertisement includes details of the items for sale, the date, time, and location of the auction.

4. The Public Auction: The auction is conducted professionally and transparently by our licensed auctioneer. We aim to secure the best possible market price for the assets. Upon a successful sale, the proceeds are used to settle the debt and the associated costs, with any surplus returned to the debtor as required by law.

Debt Recovery & Auctioneering Coverage in Kenya

Swipe Recoveries Experts Ltd provides commercial recovery, skip tracing, and auctioneering services across Kenya and all 47 counties in Kenya.

Auctioneering Fees and Costs in Kenya: What to Expect

A licensed auctioneer firm in Kenya conducting a public auction.

The fees charged by an auctioneer firm in Kenya are not arbitrary; they are stipulated in The Auctioneers Rules. This ensures transparency and protects clients and debtors from overcharging. The costs are typically recovered from the debtor or from the proceeds of the sale.

Key statutory fees include:
- Proclamation Fees: A set fee for proclaiming goods, which might be around KES 3,000 - KES 5,000 depending on the location.
- Attachment & Repossession Fees: These are calculated based on the value of the debt and can range from a few thousand shillings to higher amounts for complex repossessions.
- Commission on Sale: This is the auctioneer's primary fee. By law, it's set at 10% on the sale of movable property (like cars and furniture) and 3% on immovable property (land and buildings). For example, selling a repossessed vehicle for KES 1,000,000 would earn the auctioneer a commission of KES 100,000.

Other costs include newspaper advertisement fees, storage charges, and security costs, which are all charged at cost and are fully accountable. Swipe Recoveries provides a detailed breakdown of all anticipated costs upfront.

Frequently Asked Questions

What is the difference between an auctioneer and a debt collector in Kenya?
A debt collector primarily engages in communication and negotiation to persuade a debtor to pay. An auctioneer, on the other hand, is a licensed professional with the legal authority under The Auctioneers Act to attach and sell a debtor's assets to recover a debt, usually upon receiving instructions backed by a court order or a security agreement (like a chattel mortgage). While both seek to recover debt, the auctioneer has enforcement powers that a debt collector does not.
What kind of assets can a licensed auctioneer firm in Kenya sell?
A licensed auctioneer firm can sell a wide variety of assets. This includes movable property such as motor vehicles, office equipment, household goods, and machinery. They are also licensed to sell immovable property, which includes land, residential houses, and commercial buildings. The sale can be instructed by a court, a bank foreclosing on a mortgage, a landlord for rent arrears, or a business liquidating its assets.
How do I verify if an auctioneer firm is licensed in Kenya?
To verify if an auctioneer firm like Swipe Recoveries Experts Ltd is licensed, you can request to see their current year's license issued by the Auctioneers Licensing Board. You can also contact the Board directly, which is housed within the Judiciary of Kenya at the Milimani Law Courts, to confirm the licensing status of any auctioneer. It's crucial to always work with a licensed firm to ensure the process is legal and valid.