Content creator Azziad Nasenya./FILE
Content creator and media personality Azziad Nasenya has moved to the Commercial Court in Nairobi seeking to stop the planned auction of her Kileleshwa apartment.
According to court papers, Azziad says she is at risk of losing her home despite having cleared all outstanding loan arrears.
The influencer adds that she legally acquired the property through a mortgage financing arrangement with a deposit-taking savings and credit society.
She claims that the financial institution is attempting to recall the entire loan amount and has instructed an auctioneer to dispose of the apartment, valued at approximately Sh20.3 million, in what she terms an unlawful and premature process.
According to the plaint filed in court, Azziad became a member of the financial institution and made regular monthly contributions, which granted her access to loan facilities.
“Consequently, the 1st Defendant prepared the charge dated June 12, 2024, over the Suit Property to secure the disbursement of the agreed amount to the vendor of the Suit Property,” court documents state.
“The court will note that recital "B” of the charge expressly states that the 1st Defendant, as the chargee, would not call for, sue for, or require the repayment of the loan under the charge outside the time specified by the charge.”
In April 2024, she identified the property described in Kileleshwa, which she intended to purchase as her residence. She subsequently applied for financing from the institution.
She states that by a letter of offer dated April 4, 2024, she was granted a loan of Sh20,389,720 to acquire the apartment.
The loan agreement was executed on April 16, 2024, and the property was charged to the institution in June 2024 as security for the facility. The apartment was then transferred to her name.
Court filings show that she commenced repayment of the loan and had, by the time of the dispute, paid a total of Sh897,924.68.
“However, like most Kenyans, the Plaintiff fell into arrears in repaying the loan due to the current economic hardships, with the arrears amounting to Sh1,510,035 as of September 2025,” read the documents.
She alleges the institution later deducted Sh2.45 million from her member savings on September 19, 2025, clearing the arrears in full.
Azziad says she was therefore shocked when, on September 24, 2025, an auctioneer published a notice in a media organisation indicating that the property would be sold by public auction on October 8, 2025, over an alleged outstanding sum of Sh21,881,979.35.
She argues that the decision to move toward an auction despite the arrears having been settled is in breach of the loan agreement and the legal charge registered against the property.
She further claims that the institution has undervalued her apartment by categorising it as a three-bedroom instead of a four-bedroom unit—an act she says could result in the property being sold below market value.
Azziad maintains that the statutory notices required under the Land Act were not properly served, rendering the intended auction unlawful.
She is now seeking “a declaration that the plaintiff (Azziad) is not in loan arrears and that the purported Notice by the defendants dated September 24, 2025, to auction all that parcel of land registered in the name of the Plaintiff is illegal, unlawful, and therefore null and void.”
She additionally prays for a permanent injunction barring the institution and the auctioneer from selling or dealing with the property, damages for breach of contract, and costs of the suit.
She says she continues to live in the apartment and intends
to continue repaying the loan under the agreed schedule.
