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Licensed auctioneers say they’re being mistaken for robbers, demand legal overhaul

Licensed auctioneers say they’re being mistaken for robbers, demand legal overhaul
Auctioneers Licensing Board CEO and Secretary Festus Terer addresses journalists after a regional workshop for lincenced auctioneers in Kisumu. PHOTO/Viola Kosome

The Auctioneers Licensing Board has renewed calls for reforms to Kenya’s auctioneering laws, citing outdated legislation, changing economic realities, and the need to improve public understanding of the profession.

Speaking during a regional workshop for auctioneers in Kisumu on Friday, July 3, 2026, the Board’s Chief Executive Officer and Secretary, Festus Terer, said the current legal framework no longer reflects the realities of modern practice and should be aligned with the Constitution and technological advancements.

Terer said more than 300 licensed auctioneers from the region attended the capacity-building forum, which focused on legal procedures, mental wellness and professionalism in the execution of court orders.

“The role of the board is to license, regulate and build the capacity of auctioneers. Through these regional workshops, we equip our members with knowledge to ensure they discharge their duties within the law,” he said.

Mistaken for robbers

The workshop was attended by Kisumu High Court Presiding Judge Justice Alfred Mabeyala, county police commanders from Kisumu, Migori and Siaya, as well as other security officials, in what the board described as efforts to strengthen collaboration between law enforcement agencies and auctioneers.

Terer said one of the key concerns raised during the meeting was the persistent misunderstanding of the role of licensed auctioneers, with some members of the public and even police officers mistaking them for criminals while carrying out court-sanctioned duties.

He noted that cases have been reported where licensed auctioneers executing lawful court orders have been arrested and charged after debtors reported the attachment of property as robbery.

“We want both the police and the public to understand that auctioneers execute court orders issued by the judiciary. Better coordination will help prevent unnecessary confrontations during the execution of warrants and attachment of property,” Terer said.

Auctioneers’ rules on remuneration

He also said participants raised concerns over the auctioneers’ rules on remuneration, which have remained unchanged since 2007 despite rising operational costs and changes in the country’s economy.

According to Terer, the board is also reviewing the Auctioneers Act of 1996, arguing that several provisions need to be aligned with the 2010 Constitution and the increasing use of digital technology in the justice sector.

He said proposed reforms would introduce greater use of technology in auctioneering processes, review the regulatory framework and address concerns over the low fees charged by auctioneers.

“The judiciary has largely automated its operations, but auctioneers are still catching up. The law should support technological advancement and make the profession more efficient,” he said.

The board is also encouraging auctioneers to pursue negotiated settlement plans between debtors and creditors where possible before resorting to the attachment and sale of property.

Terer said such an approach would help reduce conflicts while recognising the financial difficulties many debtors face.

He further expressed concern over the rise of individuals masquerading as licensed auctioneers, saying the board had intensified inspections and was working closely with the Inspector General of Police’s office to crack down on imposters.

He revealed that the board recently convened a stakeholders’ conference in Nairobi bringing together representatives from the Law Society of Kenya, insurers, banks, the Directorate of Criminal Investigations, licensed auctioneers and other sector players to discuss regulatory challenges and strengthen enforcement against illegal operators.

Terer urged members of the public to verify the credentials of auctioneers before engaging them and report suspected imposters to the board or the police for action.

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