The Auctioneers Licensing Board has called for reforms to the country’s auctioneering laws, saying the legal framework governing the profession is outdated and no longer reflects constitutional, technological and economic changes.
The board’s Chief Executive Officer and Secretary, Festus Terer, said the Auctioneers Act of 1996 and the rules governing auctioneers’ remuneration require review to align with the 2010 Constitution, advances in technology and rising operational costs.
“The law should support technological advancement and make the profession more efficient,” Terer said during a regional capacity building workshop for auctioneers in Kisumu on Friday.
More than 300 licensed auctioneers attended the workshop, which focused on legal procedures, professionalism and mental wellness in the execution of court orders.
The board said the forum was part of its mandate to license, regulate and build the capacity of auctioneers.
Terer said the current remuneration rules have remained unchanged since 2007 despite significant changes in Kenya’s economy, adding that proposed reforms would modernise the regulatory framework, expand the use of technology in auctioneering processes and address concerns over low fees.
He said the judiciary had largely digitised its operations while auctioneers were still operating under laws that had not kept pace with technological developments.
The workshop brought together Kisumu High Court Presiding Judge Justice Alfred Mabeya, county police commanders from Kisumu, Migori and Siaya, and other security officials in an effort to improve coordination between law enforcement agencies and auctioneers.
Terer said participants raised concerns over what they described as widespread misunderstanding of the role of licensed auctioneers, with some members of the public and police officers treating them as criminals while they execute court-sanctioned orders.
He said there had been cases in which licensed auctioneers carrying out lawful court orders were arrested after debtors reported property attachments 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.
He said the board was encouraging negotiated settlements between debtors and creditors before attachment and sale of property wherever possible, arguing that such arrangements could reduce disputes while taking into account the financial difficulties facing many debtors.
Terer also expressed concern over individuals posing as licensed auctioneers, saying the board had stepped up inspections and was working with the Office of the Inspector General of Police to crack down on illegal operators.
He said the board recently held a stakeholders’ conference in Nairobi attended by representatives of the Law Society of Kenya, banks, insurers, the Directorate of Criminal Investigations, licensed auctioneers and other sector players to discuss regulatory challenges and strengthen enforcement against imposters.
Terer urged members of the public to verify the credentials of auctioneers before engaging them and report suspected imposters to the board or police.
He also warned licensed auctioneers against using hired gangs while executing court orders, saying disciplinary action had already been taken against several auctioneers found to have engaged in misconduct.
Police commanders attending the workshop advised auctioneers to notify the nearest police station when executing court orders outside their areas of jurisdiction.
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