Frequently Asked Questions ( Faqs):
1. Q - Is Lolwe Auctioneers licensed, if so, for what duties?
- Yes, our firm is licensed by the Kenya Auctioneers Licensing Board.
Lolwe Auctioneers Firm is Licensed by; The Kenya Auctioneers Licensing Board and The Kenya High Court, to conduct the following business:-
- Public Auctions
- Repossession of Movable securities and Chattels
- Realization of Charged immovable securities by Banks and Financial Institutions
- Execution of Court Warrants and Eviction Orders from Kenya Courts
- Distress for Rent Services
Other Related Services:
- Court Process Service throughout Kenya
- Private (Eye) Investigations within East Africa
- Debt Collection Services in Kenya
- Fundraising Live Auctions
- Events Auctions in kenya
- Art Auctions in Kenya
- Live Fundraising Auctions in kenya
- Livestock Auctions in kenya
- Rent Collection and Rent recovery in Kenya
2. Q - How long have you been in practice?
A - I have been in Auctioneer practice for 25 years.
3. Q - Do you have other offices in other areas in Kenya?
A - No. Lolwe Auctioneers has its headquarters in Nairobi located on the third floor of Cargen House along Harambee Avenue. We intend to open branch offices in Kisumu City and Siaya Town in Kenya which will start operations in 2015
4. Q - Do you handle court warrants and distress matters? if so, in which areas of jurisdiction?
A- Yes, Lolwe Auctioneers handle Court warrants and Distress for Rent matters within; Nairobi, kajiado, Machakos and Kiambu Counties
5. Q - Do you handle Realization of properties through Public Auction?
A - Yes, Lolwe Auctioneers is licensed to undertake public Auctions on realization of properties within the Republic of Kenya.
6. Q- Which other companies do you work for?
A - Lolwe Auctioneers are listed in the panel of the following companies amongst others:
- Sc Johnson & Son ( Kenya ) Ltd.,
- Diversey East & Central Africa ltd.,
- Jurassic Motors Ltd.
- Yansam motors Ltd.
- Ryce East Africa Ltd.,
- Doshi Group of Companies
- Ngummo Ltd.
- Savanah Cement
- Iron Art Limited
- Tekko Tours and Travel Ltd
- Maesto properties Ltd.,
7. Q - Among your clients are there any Law Firms?
A - Lolwe Auctioneers give instructions by the following law firms among others.
- Walker Kontos Advocates.
- Ochieng, Onyango, Kibet & Ohaga Advocates
- Rachier & Omollo Advocates
- Ochanda Onguru Advocates
- ungla & Co Advocates
- Maina Makome & Co. Advocates
Answer. Yes. A Licensed Auctioneer is under the law, authorized to enter into any property to enforce a court order or instructions from third parties against your property in the course of his duties between sunrise and sunset i.e. during the daytime. An Auctioneer is allowed police escort where he predicts resistance or intimidation from the debtor or where he has to break any door to gain access to property. This will always be at the expense of the debtor /owner of the property so accessed.
9. Question. Who pays Auctioneer’s Expenses, Charges and fees?
Answer. The Auctioneer’s expenses, Charges and Fees in most cases are to be met by the debtor. However, if the debtor cannot be traced, or he has no goods upon which execution can be levied, or the proceeds of the sale are not sufficient to cover the charges, then the creditor pays the expenses, charges and fees or the shortfall thereof.
10. Question. At what point is the Auctioneer entitled to his Charges and fees?
Answer. An Auctioneer is entitled to his full charges and fees as provided in the scales in the Auctioneers Act and Rules, as soon as he commences the process of attachment i.e. upon placing attachment notice (proclamation) upon the debtor’s assets.
11.Question. Can an Auctioneer carry away my goods without any notice?
Answer: No. A Licensed Auctioneer, before carrying away your goods is required under the law to issue, in case of a court warrant, a proclamation notice for seven(7) days and fourteen (14) days for Distress for rent cases.
12: Question. Can I transfer or move the goods comprised in a proclamation notice issued by an Auctioneer to unknown place?
Answer: NO. It is an offence under the Auctioneers rules to interfere with any goods comprised in a proclamation form before they are redeemed by payment of the amount demanded therein. Upon being proclaimed, the goods come into the custody of the law and the debtor/owner therefore loses control over the goods as long as the attachment stands.
13. Question: How do I assess the charges and fees payable to an Auctioneer?
Answer: Auctioneers fees should be assessed as per the scale provided in the Auctioneers Act and Rules.
14. Question: Can an Auctioneer visit a Debtor at Night?
Answer: No. Auctioneers working hours are restricted to; between 6.00am to 6.00p.m in other words between sunrise and sunset.
15: Question: Is the Auctioneering business founded in Law?
Answer: The Kenya Auctioneers Act No. 5 of 1996 and Rules of 1997 regulate the business of Auctioneering in kenya. For a person to perform the duties of an Auctioneer, he must hold a valid Auctioneers Licence issued by the Kenya Auctioneers Licensing Board pursuant to the provisions of the Auctioneers Act No. 5 of 1996. The Licensing Board maintains a record of all Licensed Auctioneers in Kenya.
16: Question: What should I do when an Auctioneer come calling?
Answer: When an Auctioneer visits you, please do not panic, his / her business is well rooted in law. He is only doing what the Law requires and expects of him. An Auctioneer must however identify himself and state the purpose of the visit precisely.
It is an offence under the Auctioneers Act to carry out the business of an auctioneer in Kenya without a valid Auctioneers Licence issued by the Auctioneers Licensing Board.
You are presumed to carry out the business of an auctioneer if you undertake the following;
- If you Levy Distress for rent.
- If you attach for sale any movable or immovable property pursuant to a court order made pursuant to any written law or contract.
- If you repossess any property pursuant to any written law or contract.
- If you carry out court-ordered evictions
- If realize any charged security
- If you offer for sale any movable or immovable property through Public Auction or any other mode of sale by competition.
Every law-abiding company, state corporations, interested party or individual requiring performance of the above services should always engage the services of a Licensed Auctioneer. Only Licensed Auctioneers are authorized under the law to undertake those tasks. You should always ask to see the current Practicing Licence of the Auctioneer you intend to engage and if in any doubt, you may always contact; The Auctioneer Licensing Board based at 4th floor at the Milimani Courts - Nairobi.