Executing Repossessions and Auctions with Integrity

As a premier auctioneers firm in Kenya, Swipe Recoveries Experts Ltd provides comprehensive auctioneering services that are both effective and fully compliant with the law. We act on behalf of banks, landlords, unsecured creditors, and court orders to execute repossessions, attachments, and the eventual sale of movable and immovable property to recover outstanding debts. Our process is managed with the highest degree of professionalism, ensuring the rights of both the creditor and the debtor are respected as stipulated by the Auctioneers Act. From proclamation to the final fall of the hammer, our licensed auctioneers handle every step with precision, transparency, and a focus on maximizing recovery for our clients.

The Auctioneers Act & Regulatory Compliance

The operations of every auctioneers firm in Kenya are strictly governed by the Auctioneers Act (Cap 526) and the accompanying Auctioneers Rules. This legislation provides a detailed procedural roadmap that must be followed to the letter to ensure an auction is legally valid. All practicing auctioneers must be licensed by the Auctioneers Licensing Board, a body that also oversees professional conduct and discipline. Failure to comply with the Act can render a repossession or auction illegal, exposing the creditor to significant legal and financial risk.

Key provisions we adhere to at Swipe Recoveries include the formal process of proclamation, which gives the debtor a specific period to settle the debt before their goods are attached. The Act clearly defines the types of goods that are exempt from attachment to protect the debtor's basic dignity. Furthermore, it mandates public advertisement of the auction in the Kenya Gazette and/or newspapers of wide circulation, ensuring a transparent and open market. We also work closely with the Kenya Police Service when necessary to ensure peaceful and lawful entry for attachment, always backed by the correct court orders or legal instruments. Our commitment is to execute our mandate forcefully but always within the four corners of the law.

Auctioneers firm Kenya
Swipe Recoveries Experts Ltd

Our Auctioneering Process: From Proclamation to Sale

Our auctioneering services follow a meticulous, legally-mandated procedure designed for efficiency and compliance.

Step 1: Receiving Instructions & Warrant of Attachment: Our process begins when a client (e.g., a bank, landlord, or judgment creditor) provides us with instructions and the necessary legal instrument, typically a Court Warrant of Attachment and Sale, or a letter of instruction under a chattel mortgage or lease agreement.

Step 2: Proclamation of Attachment: Our licensed auctioneer will visit the debtor's premises to serve a Proclamation Notice. This notice lists the goods earmarked for attachment and gives the debtor a statutory period (e.g., seven days for movable goods) to pay the outstanding debt, plus our fees, to avoid removal.

Step 3: Attachment and Inventory: If the debt is not settled within the proclamation period, we proceed to attach (seize) the proclaimed goods. A detailed inventory is created, and the goods are removed to a secure storage facility, awaiting auction. For immovable property (land/buildings), the process involves registering the warrant with the land registry.

Step 4: Advertisement and Sale: As required by the Auctioneers Rules, we advertise the upcoming public auction in a newspaper with national circulation and/or the Kenya Gazette. The advertisement specifies the date, time, and location of the auction. The public auction is then conducted transparently, with the property being sold to the highest bidder.

Step 5: Accounting and Remittance: After the sale, we deduct our legally stipulated fees and the costs of the auction (e.g., storage, advertising). The remaining balance is then remitted to you, the creditor, to settle the debt. A full accounting of the process is provided.

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.

Gazetted Fees for Auctioneers in Kenya

An auctioneer from a leading auctioneers firm in Kenya holding a gavel during a public auction.

The fees charged by an auctioneers firm in Kenya are not arbitrary; they are prescribed and gazetted in the Auctioneers Rules. This ensures fairness and prevents overcharging. Swipe Recoveries Experts Ltd strictly adheres to this official fee scale, providing clients with clarity and cost predictability.

The main fees include:
Proclamation Fees: A fixed fee for serving the proclamation notice, which varies depending on the location (e.g., within a municipality vs. outside).Attachment Fees: A fee for the physical act of seizing the goods.Commission on Sale: This is the primary fee and is calculated as a percentage of the proceeds from the auction. A typical scale is 10% on the first KES 1,000,000, 5% on the next KES 1,000,000, and so on, with the percentage decreasing as the value increases.Other Costs: Clients are also responsible for reimbursable costs incurred during the process, such as advertising costs, storage charges, security (police escort), and transport costs for removed goods.
Before commencing any assignment, we provide a clear estimate of the potential costs based on the gazetted fee scale, ensuring full transparency throughout our engagement.

Frequently Asked Questions

Can an auctioneer break into my house?
No, an auctioneer cannot legally break into a residential property to seize goods without a specific court order permitting forced entry. For commercial premises, the rules can be different. Professional firms like Swipe Recoveries always operate within the law and will seek police assistance and the correct court orders if entry is denied, ensuring the entire process is lawful.
What goods are protected from attachment by an auctioneer?
The Auctioneers Act protects certain essential items belonging to the debtor from being attached. This includes personal effects like clothing and bedding, tools of trade up to a certain value, and items necessary for basic living. This is to ensure that the debt recovery process does not leave the debtor completely destitute. Our auctioneers are trained to identify and exclude these protected goods during attachment.
Why choose Swipe Recoveries as my auctioneers firm in Kenya?
You should choose Swipe Recoveries Experts Ltd because we combine efficiency with strict legal compliance. Our licensed auctioneers are highly experienced in navigating the complexities of the Auctioneers Act. We prioritize maximizing your recovery while protecting you from the legal risks of an improper auction. From our central office in Nairobi, we handle cases across Kenya, ensuring a professional, ethical, and effective service every time.