https://new.kenyalaw.org/akn/ke/judgment/scc/2026/200
The respondent was duly instructed and the auctioneer acted on those instructions, so the auctioneer was entitled to fees. Although the application was unopposed, the court independently reviewed the bill and assessed the recoverable charges at Ksh 75,464.96 under Rule 55, modifying several items downward as the...
Source-derived case information.
- Citation
- [2026] SCC 200 (KLR)
- Parties
- Applicant: Eagle Eye Auctioneers; Respondent: SMEP Bank Micro Finance Limited
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E011 of 2026
- Procedural Posture
- Auctioneers Bill of Costs Assessment Application / Ruling on Unopposed Notice of Motion
- Outcome
- Application allowed in part
- Judges
- ["ME Aligula"]
- Legal Topics
- Assessment of Auctioneer's Charges, Repossession and Proclamation, Certificate of Costs, Unopposed Application, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eagle Eye Auctioneers
Applicant
SMEP Bank Micro Finance Limited
Respondent
Procedural Posture
Auctioneers Bill of Costs Assessment Application / Ruling on Unopposed Notice of Motion
Legal Issues
- 1 Whether the auctioneer was entitled to charges for acting on the respondent's instructions to repossess the motor vehicle
- 2 What amount of auctioneer's charges was payable under Rule 55 of the Auctioneers Rules, 1997
- 3 Whether the bill of costs should be certified and adopted for execution
Ratio Decidendi
The respondent was duly instructed and the auctioneer acted on those instructions, so the auctioneer was entitled to fees. Although the application was unopposed, the court independently reviewed the bill and assessed the recoverable charges at Ksh 75,464.96 under Rule 55, modifying several items downward as the bill was not wholly on scale.
Court Disposition
Application allowed in part
Orders
- The applicant's bill of costs is assessed at Ksh 75,464.96.
- A certificate of costs shall issue and be adopted as an order/judgment of the court for execution purposes.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE SMALL CLAIMS COURT OF KENYA AT UASIN GISHU COUNTY** **COURT NAME: ELDORET SMALL CLAIMS COURT** **CASE NUMBER: SCCCOMMMISC/E011/2026** **EAGLE EYE AUCTIONEERS VS SMEP BANK MICRO FINANCE LIMITED** **RULING** 1. Before this Court is the Applicant's Notice of Motion dated 13th July, 2026 brought under Rule 55 of the Auctioneers Rules, 1997 seeking, inter alia: a) That the applicant's bill of costs arising out of the execution of letters of instructions to repossess motor vehicle registration number KCL 085Q b) Issuance of a Certificate of Costs and adoption thereof as an order/ judgment of the court for execution purposes c) Costs of the application be borne by the respondent. 1. The application is premised on the grounds on the face and supported by the affidavit of Kibet Ronoh a licensed auctioneer who deponed that on 19th October, 2021, he received a letter of instructions to repossess motor vehicle registration number KCL 085Q, the letter of instruction was annexed as A. He deposes that on 22nd November, 2021 he proceeded to Kitale within Transnzoia county and repossessed and proclaimed the said vehicle registration number KCL 085Q and booked the same at Eldoret Supermax store for storage, the proclamation, notification and motor vehicle acceptance form were annexed as B, C and D. The deponent prayed for their bill to be assessed at ksh 116,064/- the said application being unopposed despite service upon the respondent on 24th July, 2026 and 29th July, 2026 as evidenced by the return of service sworn on 24th July, 2026 and 29th July, 2026 by one KENNETH O. ODUOR, confirming service upon the respondent via email being info@smep.co.ke. 2. There is no dispute that the Applicant was duly instructed by the respondent vide a letter dated 19th October, 2021 to proceed and reposes the vehicle and noted that the loan balance to be recovered at the time of instruction was ksh 522,884.82. The applicant proceeded to action therefore, it is not in doubt that the auctioneers are entitled to a fee only that the question is, how much? 3. Rule 55 of the Auctioneers Rules empowers this Court to assess an auctioneer's charges where the same are disputed. The respondent herein was served but has not filed any response to the application. Nevertheless, this court has looked at the bill, it is notable that the same is drawn to scale save for item c revised to ksh 10,000/-. Item d revised to ksh 5,000/-, item f revised to ksh 5000/-, item h revised to ksh 5,000/-. The bill is assessed at ksh 75,464.96. /-. 30 days stay of execution is granted. Ruling dated and delivered at Eldoret this 7th day of July, 2026 Before M.E Aligula In the presence of: C/A Mr. Lepatoiye Applicant: Mr Mogambi for the applicant Respondent. N/A