Auctioneers have moved to seize property belonging to nominated Senator Hezena Lemaletian after the High Court upheld a ruling requiring her to pay a contractor KSh447,823.77 over an unpaid landscaping contract.
The dramatic development follows the dismissal of the senator’s appeal, clearing the way for the successful contractor to recover the decretal amount together with accrued interest and execution costs. The case has now entered the enforcement stage, with auctioneers issuing a proclamation targeting the senator’s household assets.
Auctioneers Issue Proclamation Notice
Court-appointed Viewline Auctioneers served Senator Lemaletian with a proclamation notice after obtaining warrants of attachment to recover the outstanding debt awarded to contractor Silas Thuranira Muturia, who trades as Simut Logistics.
The notice gives the senator a limited period to settle the outstanding amount before the listed items can be seized and sold through a public auction.
Among the household items listed for attachment are sofa sets, television sets, a refrigerator, microwave oven, washing machine, sound system, carpets, coffee table, water dispenser, gas cylinders and window curtains.
The proclamation also indicates that additional movable property, including motor vehicles, could be attached if the debt remains unpaid.
How the Dispute Began
The legal battle stems from a landscaping contract entered into in 2023, when the contractor was hired to carry out improvement works at the senator’s residence.
The contractor later sued, claiming he had completed the agreed work but was not fully paid.
Senator Claimed Work Was Defective
During the court proceedings, Senator Lemaletian admitted hiring the contractor but disputed the quality of the work.
She argued that parts of the project were poorly executed, alleging that the retaining wall collapsed shortly after construction, the staircase required reconstruction and the fireplace remained incomplete.
The senator further claimed she incurred additional expenses hiring another contractor to rectify the alleged defects.
However, the court found that although she raised complaints about the workmanship, she had not filed a formal counterclaim or legal set-off seeking compensation for the alleged losses.
High Court Upholds Lower Court Decision
The dispute was first heard in the Milimani Small Claims Court, which ruled in favour of the contractor and awarded him KSh447,823.77.
Senator Lemaletian challenged the decision before the High Court, arguing that the lower court had failed to properly consider her evidence.
However, the High Court dismissed the appeal, finding that the contractor had sufficiently proved his claim through the contract, invoices and supporting evidence presented before the court.
The ruling effectively cleared the way for execution of the judgment.
Property Faces Public Auction
Following the court’s decision, the contractor successfully applied for warrants allowing auctioneers to recover the money through attachment of the senator’s property.
If the outstanding amount is not settled within the statutory notice period, the listed household goods may be removed and sold at a public auction.
In addition to the court award, the contractor is also pursuing legal costs incurred during the appeal process.
Legal Enforcement, Not Criminal Proceedings
The matter is a civil debt recovery case arising from a contractual dispute and does not involve criminal charges.
Under Kenyan law, a successful litigant may seek enforcement of a court judgment through licensed auctioneers where the judgment debtor fails to comply with a court order.
For now, the senator has an opportunity to settle the outstanding amount before any auction takes place.
