Members of Parliament have called for tougher action against rogue auctioneers accused of using goons and excessive force to seize property, warning that weak enforcement and inadequate penalties are leaving Kenyans exposed to intimidation, abuse and financial loss.
The concerns surfaced when the National Assembly’s Public Investments Committee on Governance and Education questioned the Auctioneers Licensing Board over its regulatory and enforcement record, during a review of Auditor-General reports spanning seven financial years, from 2018/19 to 2024/25.
The committee, chaired by Luanda MP Dick Maungu, pressed the board to explain what measures it was taking against unlicensed and rogue auctioneers, particularly those accused of working with gangs to carry out their assignments.
MPs said the conduct of unscrupulous auctioneers was damaging the reputation of legitimate practitioners and eroding public confidence in the profession as a whole. “You will agree with me that we have quack lawyers, so you also have quack auctioneers,” Maungu told the board, warning that rogue operators were “tainting the name of the good ones.”
He urged the board to take firmer action against those operating outside the law, arguing that stronger regulation was needed to restore order in the sector.
The committee raised particular concern over how some auctioneers execute warrants, pointing to allegations that certain practitioners enlist goons and other unauthorised individuals to intimidate or overpower people whose property is being seized.
MPs stressed that enforcing court orders and recovering debts must be carried out strictly within the law, and should never become a means of harassment, intimidation or violence.
Responding to the committee, Auctioneers Licensing Board Chief Executive Officer Festus Terer said the regulator had been actively engaging police leadership to ensure auctioneers rely on lawful security arrangements rather than private gangs.
He told MPs he had personally met Inspector-General of Police Douglas Kanja in May, alongside board members, to discuss the challenges facing the profession, and said auctioneers had since been sensitised on the need to involve police where necessary rather than resorting to force or unauthorised individuals. “We want auctioneers to use police, not goons,” Terer said.
Under Kenyan law, the use of hired muscle to enforce property seizures has no legal basis in the first place. Only a licensed court bailiff has the legal authority to carry out an eviction, and even then, the bailiff may only call on police assistance if needed, never private individuals.
Where someone resists a lawful eviction order, the proper legal route is for the bailiff to return to court and pursue contempt of court charges, not to force entry. Auctioneers who hire goons to raid a property or carry out an eviction fall outside the law entirely, and such conduct may constitute a criminal offence.
