Executing Court Orders & Warrants in Mombasa

For reliable and licensed court auctioneers in Mombasa, look no further than Swipe Recoveries Experts Ltd. We specialize in the execution of court orders, acting as officers of the court to enforce judgments and decrees. Once you have successfully obtained a court order (a 'decree') from the Mombasa Law Courts, the next critical step is enforcement. This is where our role begins. We are mandated to execute Warrants of Attachment and Sale issued by the court, a process that involves proclaiming, seizing, and selling a judgment-debtor's assets to satisfy the amount owed to you, the decree-holder. Our expertise ensures this is done swiftly, professionally, and in strict accordance with the Civil Procedure Act.

Legal Mandate: Warrants of Attachment & Sale

The authority of a court auctioneer stems directly from the judiciary. Our actions are not arbitrary; they are commanded by a legal instrument known as a Warrant of Attachment and Sale in Execution of a Decree. This warrant is issued by the court (e.g., the High Court of Kenya at Mombasa or the Chief Magistrate's Court) upon application by the decree-holder. The warrant empowers and instructs us to recover the judgment debt by attaching the debtor's movable or immovable property.

The entire process is governed by the Civil Procedure Act (Cap 21) and its accompanying Rules, alongside the Auctioneers Act (Cap 526). Before any seizure of goods, we must first serve a Proclamation of Attachment on the debtor. This legal notice lists the goods earmarked for attachment and gives the debtor a specific period (typically seven to fourteen days) to pay the decretal amount plus our costs. If payment is not made within this period, we have the legal right to return, seize the proclaimed goods, and proceed with an auction. Our deep understanding of these statutes ensures that every step is legally defensible, protecting the decree-holder from claims of wrongful attachment.

Court auctioneers Mombasa
Swipe Recoveries Experts Ltd

The Court-Mandated Auction Process Explained

Executing a court warrant in Mombasa involves a precise, legally-defined procedure that we manage from start to finish.

Step 1: Receiving the Warrant & Proclamation. Once you provide us with the court-issued Warrant of Attachment, our first action is to visit the judgment-debtor's premises. We identify and inventory assets sufficient to cover the debt and costs. We then issue and serve the Proclamation of Attachment notice, officially placing these goods 'under custody of the court' even though they remain physically with the debtor.

Step 2: Attachment (Seizure) of Goods. If the debtor fails to pay within the proclamation period, we return to the premises to physically attach (seize) the proclaimed goods. We then remove them to a secure storage yard in preparation for sale. This step is conducted professionally to avoid breaches of the peace, and we can request police assistance if we anticipate resistance.

Step 3: Advertisement and Public Auction. Following the attachment, we are required by the Auctioneers Rules to advertise the sale of the goods in a newspaper. The advertisement must run for a legally stipulated period before the auction can take place. The public auction is then held, and the items are sold to the highest bidder. The proceeds from the sale are used to settle the judgment debt, our fees, and any associated costs. The remaining balance, if any, is returned to the judgment-debtor.

Debt Recovery & Auctioneering Coverage in Mombasa, Kenya

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

Understanding Court Auctioneer Fees in Mombasa

A sealed court warrant of attachment for execution by court auctioneers in Mombasa.

The fees for court auctioneers are not arbitrary; they are set by law under the Auctioneers Rules. This ensures transparency and protects both the creditor and the debtor from exploitation. The fees are recoverable from the judgment-debtor, meaning they are added to the total amount to be collected. When we are successful, you receive your full decretal amount, and our costs are paid from the proceeds of the sale.

The primary fees include:
Proclamation Fees: A fixed statutory fee for serving the proclamation notice, typically a few thousand KES.Attachment Fees: A fee for the physical act of seizing the goods.Commission: This is the main fee, calculated on a sliding scale based on the value of the goods sold at auction or the amount paid by the debtor to stop the process. For example, it might be 10% on the first KES 100,000, 5% on the next KES 900,000, and so on.
Other recoverable costs (disbursements) include transport for removing the goods, storage charges, security, and the cost of the newspaper advertisement (which can range from KES 20,000 to KES 60,000). We provide a clear statement of account at the conclusion of the matter.

Frequently Asked Questions

What is the difference between a court auctioneer and a private auctioneer?
A court auctioneer is specifically instructed via a court warrant to execute a judgment by attaching and selling a debtor's property. They act as an officer of the court. A private auctioneer is hired directly by a property owner or a bank (under a mortgage) to sell property and does not require a court warrant for that specific instruction. However, all licensed auctioneers can perform either role depending on the instruction they receive.
What happens if a debtor hides or moves goods after the proclamation?
Once goods are proclaimed, they are legally considered to be in the custody of the court. Removing, hiding, or disposing of proclaimed goods is a criminal offense known as 'proclamation-plucking'. The debtor can be cited for contempt of court and may face arrest and prosecution. We can also apply to the court for orders to break open any building where the goods are suspected to be hidden to attach them.
How can I instruct Swipe Recoveries for a court auction in Mombasa?
To instruct us, you or your advocate must first obtain a Warrant of Attachment and Sale from the court where you got your judgment. Once you have the original sealed warrant, simply bring it to our offices or contact us at +254 722 474 032. We will review the warrant, formalise our instruction, and begin the execution process immediately. Our team at Swipe Recoveries Experts Ltd is ready to assist.