https://new.kenyalaw.org/akn/ke/judgment/scc/2026/210
The respondent was duly served but did not oppose the motion, and the applicant had established that it was instructed and had carried out execution steps. Exercising its power under Rule 55, the court examined the bill, found most items properly drawn but revised specific items downward, and assessed the...
Source-derived case information.
- Citation
- [2026] SCC 210 (KLR)
- Parties
- Applicant: Eagle Eye Auctioneers; Respondent: SMEP Bank Micro Finance Limited
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E009 of 2026
- Procedural Posture
- Small Claims Court Ruling on Assessment of Auctioneer's Charges / Ruling After Unopposed Notice of Motion
- Outcome
- Application allowed in part; bill of costs assessed lower than claimed amount; stay granted.
- Judges
- ["ME Aligula"]
- Legal Topics
- Assessment of Auctioneer's Costs, Rule 55 of the Auctioneers Rules, 1997, Service of Application, Certificate of Costs, 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
Small Claims Court Ruling on Assessment of Auctioneer's Charges / Ruling After Unopposed Notice of Motion
Legal Issues
- 1 Whether the auctioneer was entitled to fees for instructions to advertise and sell the charged property
- 2 What amount of auctioneer's charges was reasonable and assessable under Rule 55
- 3 Whether the unopposed bill should be adopted for purposes of execution
Ratio Decidendi
The respondent was duly served but did not oppose the motion, and the applicant had established that it was instructed and had carried out execution steps. Exercising its power under Rule 55, the court examined the bill, found most items properly drawn but revised specific items downward, and assessed the auctioneer's charges at Ksh 89,593.76.
Court Disposition
Application allowed in part; bill of costs assessed lower than claimed amount; stay granted.
Orders
- Applicant's bill of costs assessed at Ksh 89,593.76.
- 30 days stay of execution granted.
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/E009/2026** **EAGLE EYE AUCTIONEERS VS SMEP BANK MICRO FINANCE LIMITED** **RULING** 1. Before this Court is the Applicant's Notice of Motion dated 3rd 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 advertise the land parcel known as L.R NO. KAPSARET/KAPSARET BLOCK 4(LEMOOK A) / 100 AND 101. b) Issuance of a Certificate of Costs and adoption thereof as a decree of this Court for purposes of execution 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 Ronoha licensed auctioneer who deponed that on 26th September, 2023, he received a letter of instructions to advertise and sell the land parcel number L.R KAPSARET/KAPSARET BLOCK 4(LEMOOK A)/100 AND 101. That on 6th October, 2023 proceeded with the instruction to advertise and sell the said land by issuance of the 45 days redemption notice. He annexed the letter of instruction and the notice and notification of sale. The deponent prayed for their bill to be assessed at ksh 93,458.88/-. the said application is unopposed despite service upon the respondent on 7th July, 2026 and 16th July, 2026 as evidenced by the return of service sworn on 7th July, 2026 by one TOBIAS NYABERI MOGAMBI and the one sworn on 16th 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 26th September, 2023 to proceed to advertise and sell the subject land. In the letter it is indicated the reserve price for each property was ksh 675,000/- since they were two the total price was ksh 1,350,000/- but the defaulted amount as was ksh 1,063,117.52/-. 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 g revised to ksh 5000/-, item i revised to ksh 5,000/-. The bill is assessed at ksh 89,593.76 /-. 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 Respondent. N/A