Members of Parliament have called for tougher action against rogue auctioneers accused of using goons and excessive force to seize property.
MPs warns that weak enforcement and inadequate penalties are leaving Kenyans exposed to intimidation, abuse and financial losses.
The concerns emerged when the National Assembly Public Investments Committee on Governance and Education questioned the Auctioneers Licensing Board over its regulatory and enforcement record while scrutinising Auditor-General reports covering the seven financial years from 2018/19 to 2024/25.
The committee, chaired by Luanda MP Dick Maungu, pressed the board to explain how it was dealing with unlicensed and unscrupulous auctioneers, particularly those accused of working with gangs when executing their assignments.
Maungu said the board needed to restore order and clearly distinguish legitimate auctioneers from individuals operating outside the law.
“You will agree with me that we have quack lawyers, so you also have quack auctioneers,” Maungu told the board, warning that rogue practitioners were “tainting the name of the good ones”.
The MPs' concerns centred on the manner in which some auctioneers allegedly execute warrants. While auctioneers are required to operate within the law when enforcing court orders or recovering debts, committee members said some practitioners had turned the process into an avenue for harassment and intimidation.
Auctioneers Licensing Board Chief Executive Officer Festus Terer told MPs that the regulator had been engaging the police leadership to ensure auctioneers relied on lawful security mechanisms rather than private gangs.
Terer said he met Inspector-General of Police Douglas Kanja in May, accompanied by members of the board, to discuss challenges facing the profession.
He added that auctioneers had been sensitised on the need to involve police where necessary instead of using force or unauthorised individuals.
“We want auctioneers to use police, not homes,” Terer said, describing the engagement with the police as part of efforts to restore order in the sector.
However, Central Imenti MP Moses Kirima said disciplinary action alone would not protect Kenyans who had already suffered losses.
“When you are dealing with auctioneers, you have to take care of the people who are affected by the auctioneers,” Kirima said.
He questioned what happens to victims after an auctioneer is suspended, particularly where property or money has allegedly been mishandled.
“What procedure do you use to make sure that that auctioneer compensates the person for whom he was carrying out the work?” Kirima asked.
“Suspending alone is not enough,” he added, arguing that removing a rogue auctioneer from the register does little to restore property or money that has already been lost.
Terer said the board had intensified inspections to identify practitioners operating outside regulatory requirements.
A June inspection exercise, he said, exposed several compliance gaps, including auctioneers who did not have proper offices.
“It was a one-week event, but after three days, a lot of auctioneers were streaming to our offices because they don't have offices, asking for change of addresses,” Terer said.
The board said inspections were an important first step in identifying rogue operators but acknowledged that it needed greater support from Parliament and other government agencies to strengthen enforcement.
Terer also pointed to a legal obstacle surrounding compensation pointing at Section 24 of the Auctioneers Act which limit the board's ability to order restitution to victims.
Previous attempts by the regulator to order compensation had been challenged in court, with the High Court questioning the legal basis for such orders.
