National Association of Kenya Auctioneers national chairman Maurice Osundwa / HANDOUT
For years, Kenya’s auctioneering profession has carried a deeply negative
public image. To many Kenyans, the mention of an auctioneer immediately evokes
fear, intimidation, chaos and humiliation. Stories of midnight raids, violent
property seizures and confrontations involving hired goons have dominated
public perception of the sector.
Yet the uncomfortable truth is that many of these acts are not committed by
licensed auctioneers at all.
Instead, the greatest threat to the integrity of the profession comes from
masqueraders and unlicensed individuals, who exploit public ignorance, hide
behind the name of auctioneers and engage in illegal enforcement activities for
personal gain.
These rogue actors routinely violate the
Auctioneers Act, operate without accountability and tarnish the reputation of
professionals who are legally mandated to execute court orders and debt recovery
processes within the law.
Kenya’s auctioneering sector is far more important to the economy than most
people realise to the enforcement of court decrees, recovery of non-performing
loans, realisation of charged assets and disposal of public and private
property.
According to industry estimates, Kenya has
between 500 and 600 licensed auctioneers operating across all 47 counties,
handling thousands of cases each year for courts, banks, landlords and
businesses.
The industry has become even more critical as financial institutions grapple
with rising non-performing loans. Kenya’s banking sector has, in recent years,
recorded non-performing loan ratios above 14 per cent, increasing dependence on
lawful asset recovery mechanisms.
Unfortunately, as the demand for recovery services grows, so, too, has the rise
of illegal operators posing as licensed auctioneers. These masqueraders thrive
in confusion.
Many members of the public cannot
distinguish between a licensed auctioneer and a criminal posing as one. They
exploit this gap by carrying out unlawful evictions, charging illegal fees,
conducting seizures outside legal hours and using violence and intimidation
that have no place in a professional justice system.
Fake auctioneers undercut professional
fees, expose clients to costly legal disputes and erode trust in the entire
sector. Banks, courts, landlords and businesses that unknowingly engage
unlicensed operators risk lawsuits, reputational damage and invalid enforcement
processes.
This is why professional bodies such as the National Association of Kenya
Auctioneers (Naka), the Kenya National Society of Professional Auctioneers (Kensap)
and the Auctioneers’ Licensing Board must urgently intensify efforts to clean
up the profession.
The first step is making it easy for the public to verify legitimate
auctioneers.
Kenya is rapidly digitising public services, and the auctioneering sector
cannot afford to remain behind. The Auctioneers’ Licensing Board, together with
industry associations, should establish a live public verification portal containing
names, licence numbers, photographs and current licensing status of all
registered auctioneers.
Banks, courts, law firms and members of
the public should be encouraged to confirm authenticity before issuing
instructions or complying with enforcement notices.
Digital verification tools such as QR-coded licences and identification cards
would significantly reduce fraud. A simple scan should instantly confirm
whether an auctioneer is genuine and licensed to operate.
In addition, every licensed auctioneer should be required to display their
licence number on notices, advertisements, official correspondence and business
cards. Public awareness campaigns must reinforce a simple message: If there is
no valid licence number, walk away.
The second priority is tougher enforcement. The Auctioneers Act already
criminalises unlicensed practice, but enforcement remains inconsistent.
Professional associations should establish dedicated complaints and
intelligence desks to collect evidence against rogue operators and forward
airtight cases to the Directorate of Criminal Investigations and the
Auctioneers’ Licensing Board for prosecution.
There is a need for public accountability. A regularly updated ‘caution list’
of suspected or convicted masqueraders should be shared with banks, courts, law
firms and the public through media platforms. Reputation is everything in this
sector, and exposing illegal operators would deter many from entering the
trade.
The institutions that hire auctioneers must also take responsibility. Banks,
courts and legal firms are among the largest consumers of auctioneering
services. Partnerships between the judiciary, the Law Society of Kenya, the
Kenya Bankers Association and professional auctioneers’ associations could
ensure that only verified practitioners receive instructions.
Beyond enforcement, the sector desperately needs public education. Many Kenyans
do not understand the legal process surrounding auctions, repossessions and
court-ordered recoveries.
This ignorance allows rogue actors to
manipulate victims and fuel hostility toward legitimate auctioneers. Civic
education through radio, print, digital media and public forums would help
citizens understand their rights, obligations and how to identify lawful enforcement
procedures.
However, reform must also come with discipline from within the profession
itself. Licensed auctioneers who violate ethical standards must face swift
disciplinary action. Professionalism, transparency and humane conduct are
essential if the industry hopes to rebuild public confidence.
What must be avoided is vigilantism or violent confrontations against suspected
masqueraders. Such actions only create further liability and deepen the
sector’s damaged reputation. The solution lies in documentation, investigation
and prosecution, not mob justice.
Kenya’s auctioneering profession is too important to be left at the mercy of
criminals masquerading as officers of the law. Cleaning up the sector will not
only protect the public but also restore dignity to a profession that remains
essential to the country’s justice and financial systems.
Maurice Osundwa is the national chairman of the National Association of Kenya
Auctioneers