Members of Parliament have called for tougher action against rogue auctioneers accused of using goons and excessive force to seize property, warning that weak enforcement is leaving Kenyans exposed to intimidation, abuse and financial losses.
The lawmakers said the misconduct by unscrupulous practitioners was also damaging the reputation of legitimate auctioneers and eroding public confidence in the profession.
The concerns emerged when the National Assembly Public Investments Committee on Governance and Education scrutinised the Auctioneers Licensing Board as it reviewed Auditor-General reports covering the financial years 2018/19 to 2024/25.
Luanda MP Dick Maungu, who led the committee, pressed the board to explain how it was dealing with unlicensed and rogue auctioneers, particularly those accused of working with gangs during property seizures.
Maungu said the board needed to restore order in the sector and distinguish licensed practitioners from individuals operating outside the law.
He compared the problem to the presence of fake practitioners in the legal profession.
“You will agree with me that we have quack lawyers, so you also have quack auctioneers,” Maungu said, warning that rogue operators were “tainting the name of the good ones”.
He called for decisive action against illegal practitioners, saying the sector needed greater discipline and accountability.
MPs also raised concerns over allegations that some auctioneers enlist goons and other unauthorised individuals to intimidate or overpower people while executing warrants.
The lawmakers said debt recovery should be conducted within the law and should not become a means of harassment, intimidation or unlawful seizure of property and proceeds belonging to clients.
Auctioneers Licensing Board Chief Executive Officer Festus Terer told the committee that the regulator had engaged the National Police Service to ensure auctioneers use lawful enforcement mechanisms instead of private gangs.
Terer said he met Inspector-General of Police Douglas Kanja in May, together with members of the board, to discuss challenges facing the profession.
He said the board had also sensitised auctioneers on the need to involve police officers where necessary instead of using force or unauthorised groups.
“We want auctioneers to use police, not homes,” Terer told the committee, saying the discussions with police were aimed at restoring order in the sector.
He expressed optimism that closer cooperation between the board and security agencies would help address persistent misconduct.
However, Central Imenti MP Moses Kirima said suspending rogue auctioneers was not enough to protect victims or recover losses caused by misconduct.
“When you are dealing with auctioneers, you have to take care of the people who are affected by the auctioneers,” Kirima said.
He said some auctioneers allegedly fail to remit proceeds from property sales to the clients or agents who hired them, leaving affected people without adequate remedies.
Kirima asked the board to explain what happens to victims after an auctioneer is suspended and how they are compensated for losses.
“What procedure do you use to make sure that that auctioneer compensates the person for whom he was carrying out the work?” he asked.
“Suspending alone is not enough,” Kirima said.
Terer said the board had intensified inspections to identify and weed out rogue practitioners. He said a one-week inspection exercise conducted in June exposed widespread non-compliance, including auctioneers operating without 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,” he said.
Terer also appealed for greater support from Parliament and other government agencies to strengthen the board's enforcement capacity through partnerships with institutions with personnel capable of conducting inspections and operations.
However, he acknowledged that the board's ability to compensate victims remained limited by the Auctioneers Act.
“The problem is the Act,” Terer said, referring to Section 24 of the law.
He explained that previous attempts by the board to order compensation had been challenged in court, with the High Court questioning the legal basis for the regulator to compel auctioneers to compensate victims.
The committee is expected to continue examining the board's regulatory and enforcement mechanisms as it reviews the Auditor-General's reports.
MPs said reforms should strengthen inspections, police cooperation, penalties and compensation mechanisms to protect Kenyans from rogue auctioneers.