https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9685

Onsongo t/a Hegios Auctioneers v Absa Bank PLC & another; Mochache (Interested Party) (Miscellaneous Civil Application E328 of 2025) [2026] KEHC 9685 (KLR) (Civ) (9 June 2026) (Ruling) Neutral citation: [2026] KEHC 9685 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Miscellaneous Civil Application E328 of 2025 SN Mutuku, J June 9, 2026 IN THE MATTER OF TAXATION OF AUCTIONEER’S BILL OF COSTS AND IN THE MATTER OF AUCTIONEERS ACT Between Hezron Getuma Onsongo T/A Hegios Auctioneers Applicant and Absa Bank Plc 1st Respondent Robert Mochache 2nd Respondent and Robert M. Mochache Interested Party Ruling 1.By a Notice of Motion dated 15th April 2026, Robert M. Mochache, the Interested Party, (the Applicant) moved this court under Order 45 Rule 1 of the Civil Procedure Rules (CPR), Sections 1A, 1B, 3A and 80 of the Civil Procedure Act (CPA), Cap. 21 Laws of Kenya, as well as articles 47, 50 and 159 of the Constitution of Kenya 2010 seeking the following orders:i.That this court be pleased to re-open the proceedings in the matter and accordingly enjoin the Respondent in HCCA E370 of 2021 as an Interested Party in the instant suit.ii.That the firm of R. M. Mochache & Co. Advocates be placed on Record as appearing for the Applicant/Interested Party herein.iii.That the honourable court be persuaded to review its orders of 2nd September 2025 as the same were made without giving the Interested Party an opportunity to be heard and are bound to adversely affect the Applicant/Interested Party.iv.That the orders issued by the honourable court on 2nd September 2025 in Milimani HCCCMISC. No. E328 of 2025, Hezron Getuma Onsongo vs Absa Bank Kenya PLC requiring the Interested Party to pay costs thereof be reviewed, vacated and/or set aside. 2.The grounds in support of the application are contained on the face of the application and in the supporting affidavit sworn by the Applicant on 15th April 2026. In sum, the Applicant has stated that this honourable court delivered a ruling on 2nd September 2025 in which the Applicant was ordered to pay costs of the application yet the Applicant was not a party; that the Applicant was neither notified of the Misc. Civil Application No. E328 of 2025 filed by the Auctioneer seeking to recover his fees nor was he joined as party to those proceedings and that the said proceedings were conducted without his knowledge until 3rd March 2026 when he was served with a Party and Party Bill of Costs by the Respondent. 3.The Applicant has stated that he was condemned unheard, hence this application. 4.The Application was filed under Certificate of Urgency. It was placed before the court on 21st April 2026 for directions. It was however not certified urgent. The Applicant was directed to serve the application and return to court on 19th May 2026 for directions. The matter was however postponed to 2nd June 2026 for reasons that the court was not sitting on 19th May 2026. 5.On 2nd June 2026, the Applicant and Ms Cherotich attended court. Ms Cherotich for the Auctioneer told the court that she was not opposed to the Application. There was no attendance by the Absa Bank at the time the matter was mentioned in the morning. However, Mr Oyando attended court later after the other parties had left and sought to know the fate of this matter. The court informed him of the directions issued earlier on. 6.I have considered this matter. Having noted that there is no material on record opposing the application and given that Ms Cherotich had informed the court that her client was not opposed to the Application, I have no reason to decline granting the prayers sought in it. Consequently, I hereby allow the Notice of Motion dated 15th April 2026 as prayed. Each party to bear own costs of this application. 7.It is so ordered. DATED, SIGNED AND DELIVERED THIS 9TH DAY OF JUNE 2026.S. N. MUTUKUJUDGE