Kenya Auctioneers Crackdown: Rogue Practitioners Face Tougher Action

• Members of Parliament have called for tougher action against rogue auctioneers in Kenya.
• The Auctioneers Licensing Board has been criticized for its regulatory and enforcement record.
• Private gangs are being used by some auctioneers to execute their duties, raising concerns over intimidation and violence.

The auctioneering profession in Kenya has been marred by allegations of misconduct, with some practitioners accused of using excessive force and intimidation to seize property. This has led to a growing concern among lawmakers and the public alike, who are calling for tougher action against rogue auctioneers. The National Assembly Public Investments Committee on Governance and Education has taken up the issue, scrutinizing Auditor-General reports from 2018/19 to 2024/25 to identify areas of weakness in the Auctioneers Licensing Board's regulatory and enforcement record. The committee has expressed concerns over the board's ability to distinguish between legitimate auctioneers and those operating outside the law.

The use of private gangs by some auctioneers to execute their duties has been a major point of contention. MPs have raised concerns over how some auctioneers enlist goons and other unauthorized individuals to intimidate or overpower people whose property is being seized. The Auctioneers Licensing Board's Chief Executive Officer, Festus Terer, has acknowledged the issue and stated that the board has been engaging with the police leadership to ensure auctioneers use lawful enforcement mechanisms rather than private gangs. However, some lawmakers have questioned the effectiveness of these efforts, citing a lack of clear consequences for rogue auctioneers.

The issue of rogue auctioneers has not only tarnished the reputation of legitimate practitioners but also undermined public confidence in the auctioneering profession. MPs have emphasized the need for stronger regulation to restore sanity in the sector, with some calling for more effective mechanisms to be put in place to compensate people who suffer losses as a result of misconduct. The Auctioneers Licensing Board has acknowledged the need for reform and has expressed optimism that closer cooperation between the board and security agencies will help curb misconduct. However, lawmakers remain skeptical, citing a lack of clear action from the board to address the issue.

Lawyers and compliance officers should watch for the potential for increased scrutiny of auctioneers' conduct, particularly with regards to enforcement mechanisms and involvement of private gangs, which may lead to new regulatory requirements or liability exposure.

Source: Original reporting via Capital FM Kenya