A man has rushed to court to reverse an alleged auction of his home in Nairobi over a debt owed to Kenya Commercial Bank.
In a certificate of urgency suit filed at the Milimani High Court’s commercial division, James Mwangi Rukwaro argues that the bank working with Phillips International Auctioneers, sold his home despite a court directive that stayed any sale pending a ruling on September 19, 2025.
Rukwaro says the respondents undertook not to sell the suit property known as Apartment No. A5 Riverland Apartments on LR No. 330/695 pending the ruling.
“The said respondents breached the said implied undertaking given to this court by the respondent purporting to sell the said property through the firm of Phillips International Auctioneers and thereafter purported to credit the plaintiff’s bank account with a purported balance of proceeds of sale of Sh1 million.
The court had on August 13 asked the parties to file their final submissions in the matter and scheduled a ruling for September 19.
Rukwaro says he filed his submissions and served them on the respondents on August 20, only for them to purportedly sell his home two days later.
He wants the court to summon the bank, its chief executive Paul Russo, Cornelius Sikuku and the auctioneer to explain why they should not be committed to civil jail for contempt of court.
Similarly, Rukwaro is seeking orders to declare the purported sale of his home null and void and that any processes to complete the alleged sale be stopped.
He also wants Russo ordered to pay a fine of Sh5 million and the bank a fine of Sh100 million for the contempt they allegedly committed.
“I worked hard for this property, and it is unfair for the bank to try and take it away in contempt of court orders,” Rukwaro said.
He added that the bank and the auctioneer as its agent extremely undervalued his apartment by over Sh10 million compared to its value and market price.
He says at the time he received call from bank that they had initiated the sale of the house, the purported buyer had not come to view the house which until now is still under his control.
Rukwaro says the attempt to disposes him of his home is a violation of his rights and a betrayal of the court’s authority. He wants the court to nullify the auction, reverse the transaction and punish those responsible for contempt.
“Unless the orders sought are granted, the plaintiff and his family will lose their home and there will be no need for this court to deliver a ruling on September 19 as scheduled as there will be no subject matter to be litigated on,” Rukwaro says in his affidavit.
