The Auctioneers Rules
The Rules may be cited as the Auctioneers Rules.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 120 of 1997
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- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
The Rules may be cited as the Auctioneers Rules. Defines as interpretation: 'money' that is held or received by an auctioneer as a deposit against fees to be earned or disbursements to be incurred. Section 3 lists documentary, qualification, premises, deposit and insurance requirements for licence applicants, plus powers for the Chief Justice to prescribe fees/amounts and the Board to approve applications; certain requirements apply only after Board approval. When issuing a licence, the Board must also issue an identification card to the licensee under section 13 of the Act. A debtor may, before the seized or repossessed property is sold, apply to a court to have it valued by an independent valuer.
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Provisions of The Auctioneers Rules
Showing 54 of 54
Part I
PRELIMINARY
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PRELIMINARY - 1. Citation
AI-assisted research summary: The Rules may be cited as the Auctioneers Rules.
Section 1. Citation Section These Rules may be cited as the Auctioneers Rules. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Defines as interpretation: 'money' that is held or received by an auctioneer as a deposit against fees to be earned or disbursements to be incurred.
Section 2. Interpretation Section money held or received by an auctioneer by way of deposit against fees to be earned or disbursements to be incurred; and
Part II
LICENSING AND IDENTIFICATION
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LICENSING AND IDENTIFICATION - 3. Application for a licence
AI-assisted research summary: Section 3 lists documentary, qualification, premises, deposit and insurance requirements for licence applicants, plus powers for the Chief Justice to prescribe fees/amounts and the Board to approve applications; certain requirements apply only after Board approval.
Section 3. Application for a licence Section 3(1)(a) a class "A" licence which shall be a general auctioneering licence limited to specific districts; Section 3(1)(b) a class "B" licence which shall be a general auctioneering licence which shall enable the holder to realize charged securities, repossess and sell any property throughout Kenya, execute court orders, and to levy distress within specific districts. Section 3(2)(a) such application fee as the Chief Justice may prescribe; Section 3(2)(b) a current certificate of good conduct from the Criminal Investigation Department obtained at least six months prior to the application; Section 3(2)(b)(i) a current certificate of good conduct from the Criminal Investigation Department obtained at least six months prior to the application; Section 3(2)(b)(ii) a recommendation of Licensing Form 2 set out in the Schedule from the area magistrate and the auctioneer or firm of auctioneers under whom the applicant has had experience for the two years prior to the application; Section 3(2)(b)(iii) a recommendation on Licensing Form 3 set out in the Schedule from either a religious leader, or the locational chief of the area of the applicant’s residence, or an advocate of at least 10 years’ standing; Section 3(2)(c) evidence that the applicant has four "O" level passes including passes in English and mathematics; Section 3(2)(d) evidence that the applicant has available to him secure premises acceptable to the Board, sufficient to store and auction goods; Section 3(2)(e) a cash deposit of one hundred thousand shillings or a guarantee of a similar amount from a bank or insurance company properly executed and approved by the Board for the due performance by the auctioneer of his duties and obligations under the Act and these Rules or such higher amounts as the Chief Justice shall prescribe valid for three years from the date of the proposed commencement of the licence applied for; Section 3(2)(f) evidence that the applicant has insured his premises against burglary, fire and theft for a minimum sum of five hundred thousand shillings or such higher amount as the Chief Justice may prescribe; Section 3(2)(g) evidence that the applicant has a working knowledge of the rules applicable to auctioneering and attachment and sale of properties with a minimum of three years’ experience with a reputable firm of auctioneers. Section 3(3)(a) such application fee as the Chief Justice may prescribe; Section 3(3)(b) evidence of the applicant having held a class "A" licence for at least three (3) years; Section 3(3)(c) evidence that the applicant has insured his premises against burglary, fire and theft for a minimum of one million shillings and for goods in trust for a minimum sum of five hundred thousand shillings or such higher amounts as the Chief Justice may prescribe. Section 3(3A) The applicant shall only be required to comply with paragraphs (2)(d), (e) and (f) after the Board approves his application. [L.N. 144/2009, r. 2.] - 4
LICENSING AND IDENTIFICATION - 4. Issuance of identification card to auctioneers
AI-assisted research summary: When issuing a licence, the Board must also issue an identification card to the licensee under section 13 of the Act.
Section 4. Issuance of identification card to auctioneers Section At the time of issuing a licence the Board shall also issue an identification card to the licensee under section 13 of the Act which identification card shall be in such form with such safeguards as to validity and against counterfeiting as the Board may consider fit.
Part III
ATTACHMENT AND SALE OF PROPERTY
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ATTACHMENT AND SALE OF PROPERTY - 10. Independent valuation of goods attached
AI-assisted research summary: A debtor may, before the seized or repossessed property is sold, apply to a court to have it valued by an independent valuer.
Section 10. Independent valuation of goods attached Section A debtor may, at any time before the property seized or repossessed is sold, apply to a court for an order that the property be valued by an independent valuer. - 11
ATTACHMENT AND SALE OF PROPERTY - 11. Contents of court warrant or letter of instruction
AI-assisted research summary: Lists specific information that must appear in a court warrant or letter of instruction for attachment or sale of property, and states that the letter of instruction shall be in Sale Form 1 in the Appendix.
Section 11. Contents of court warrant or letter of instruction Section 11(1)(a) the decretal amount, date of decree, date of return to court or where there is no decree, the exact amount to be recovered as at a date not later than the date of the letter of instruction plus the estimated daily or monthly interest or rent to accrue thereafter; Section 11(1)(a)(i) the decretal amount, date of decree, date of return to court or where there is no decree, the exact amount to be recovered as at a date not later than the date of the letter of instruction plus the estimated daily or monthly interest or rent to accrue thereafter; Section 11(1)(a)(ii) the person amongst whom the decree is to be executed; Section 11(1)(a)(iii) the exact location of goods; Section 11(1)(a)(iv) the person to point out the goods; Section 11(1)(a)(v) where ascertainable, a list of the goods to be attached or repossessed; Section 11(1)(a)(vi) where appropriate, reserve prices or where there are to be no reserves prices, a record of the reasons for not selling subject to such reserve prices; Section 11(1)(b) as in (i) to (v) in paragraph (a); Section 11(1)(b)(i) as in (i) to (v) in paragraph (a); Section 11(1)(b)(ii) the land reference number, file number, plot number, or flat number, as the case may be; Section 11(1)(b)(iii) the area in hectares or in square metres; Section 11(1)(b)(iv) the user and any restrictions by statute or otherwise on the disposition of the property or any interest in it; Section 11(1)(b)(v) the tenure and in the case of leasehold, particulars of the landlord and the annual land rent; Section 11(1)(b)(vi) the location, and in the case of land situated within a township or municipality, the amount of the most recently available annual site value tax; Section 11(1)(b)(vii) on accurate description of improvements and developments; Section 11(1)(b)(viii) the estimated amount due to any encumbrancer; and Section 11(1)(b)(ix) the names addresses and titles of any persons in possession of the property to be sold or any part of it; Section 11(1)(b)(x) the reserve price for each separate piece of land based on a professional valuation carried out not more than 12 months prior to the proposed sale. Section 11(2) The letter of instruction shall be in the Sale Form 1 out in the Appendix. - 12
ATTACHMENT AND SALE OF PROPERTY - 12. Movable other than perishable goods and livestock
AI-assisted research summary: Section 12 requires the auctioneer to sign a certificate if any person refuses to sign the inventory prepared under the proclamation.
Section 12. Movable other than perishable goods and livestock Section 12(1)(a) record the court warrant or letter of instruction in the register; Section 12(1)(b) prepare a proclamation in Sale Form 2 of the Schedule indicating the value of specific items and the condition of each item, such inventory to be signed by the owner of the goods or an adult person residing or working at the premises where the goods are attached or repossessed, and where any person refuses to sign such inventory the auctioneer shall sign a certificate to that effect; Section 12(1)(c) in writing, give to the owner of the goods seven days notice in Sale Form 3 of the Schedule within which the owner may redeem the goods by payment of the amount set forth in the court warrant or letter of instruction; Section 12(1)(d) on expiry of the period of notice without payment and if the goods are not to be sold in situ , remove the goods to safe premises for auction; Section 12(1)(e) ensure safe storage of the goods pending their auction; Section 12(1)(f) arrange advertisement within seven days from the date of removal of the goods and arrange sale not earlier than seven days after the first newspaper advertisement and not later than fourteen days thereafter; Section 12(1)(g) not remove any goods under the proclamation until the expiry of the grace period. Section 12(2)(a) which were not pointed out by the decree holder and proclaimed earlier in his proclamation; or Section 12(2)(b) which have been removed by the judgment debtor, or cannot be found, Section 12(3) An application under paragraph (2) shall be by motion by way of a miscellaneous application supported by an affidavit in a competent court, and in the case of distress for rent, repossession and attachment, may be heard ex parte . Section 12(4)(a) where the warrants of attachment and sale, or letter of instruction, are still valid, proceed with execution in compliance with these Rules; Section 12(4)(b) where the warrants of attachment and sale have expired, apply for extension of the warrants for a period not exceeding forty-five days, within which he shall finalize execution; Section 12(4)(c) where fresh warrants of attachment and sale or letter of instructions are issued with new figures, proceed in the manner provided in these Rules in respect of a fresh warrant. - 13
ATTACHMENT AND SALE OF PROPERTY - 13. Perishable goods and livestock
AI-assisted research summary: Record the court warrant or letter of instruction in the register.
Section 13. Perishable goods and livestock Section record the court warrant or letter of instruction in the register; - 14
ATTACHMENT AND SALE OF PROPERTY - 14. Non-removal or alteration of attached goods
AI-assisted research summary: A person must not remove, alter, damage, substitute or alienate goods attached under the proclamation before those goods are redeemed, or they commit an offence.
Section 14. Non-removal or alteration of attached goods Section A person who removes, alters, damages, substitutes or alienates any goods comprised in the proclamation, before they are redeemed by payment in full of the amount in the court warrant, or letter of instruction, or in such lesser amount as the creditor or his advocate may agree in writing, commits an offence. [L.N. 144/2009, r. 7.] - 15
ATTACHMENT AND SALE OF PROPERTY - 15. Immovable property
AI-assisted research summary: Record the court warrant or letter of instruction in the register.
Section 15. Immovable property Section record the court warrant or letter of instruction in the register; - 16
ATTACHMENT AND SALE OF PROPERTY - 16. Advertisement
AI-assisted research summary: An auctioneer advertising a sale by auction of any property must advertise in a newspaper, except where a court orders otherwise; for perishable goods and livestock the newspaper requirement may be dispensed with if adequate notice can be given by radio, television, handbills, posters or other means.
Section 16. Advertisement Section 16(1)(a) the date, time and place of the proposed sale; Section 16(1)(b) the conditions of sale or where they may be obtained; Section 16(1)(c) the time for viewing the property to be sold; Section 16(1)(d) in respect of movable property other than perishable goods and livestock, an accurate description of the goods to be sold and a statement as to whether or not they are to be sold subject to a reserve price; Section 16(1)(e) in respect of goods of a perishable nature or livestock an accurate description of the goods to be sold and of their condition and a statement as to whether or not they are to be sold subject to a reserve price; Section 16(1)(f) in case of immovable property all the information required to be contained in the court warrant or letter of instruction except the amount to be recovered and the exact amount of any reserve price. Section 16(2) Except as may be ordered by a court, advertisement by an auctioneer of a sale by auction of any property, movable or immovable, shall be by way of an advertisement in a newspaper, provided that in the case of perishable goods and livestock advertisement in a newspaper may be dispensed with if adequate notice to prospective bidders in all the circumstances can be achieved by radio or television announcement, or handbills or posters, or other means of communication. - 17
ATTACHMENT AND SALE OF PROPERTY - 17. Auction
AI-assisted research summary: Rules for auctions: permitted hours and venue, auctioneer duties to identify and present lots, auctioneer may charge for catalogues, highest bidder becomes purchaser subject to sale conditions, and procedures for filing a court application to effect transfer; applications are by motion supported by affidavit and may be heard ex parte.
Section 17. Auction Section 17(1)(a) of goods seized or repossessed under any contract or any written law between the hours of 10.00 a.m. and 6.00 p.m.; or Section 17(1)(b) in other sales between the hours of 10.00. a.m. and 10.00 p.m., and in either event— Section 17(1)(c) in a venue open to and accessible to the public, provided that it shall be lawful for an auctioneer to charge prospective bidders a reasonable sum for a sale catalogue or other list of lots for sale as a condition precedent to entry to the auction premises. Section 17(2) The auctioneer shall make reasonable arrangements for the identification of the items for sale by list or catalogue and by the allocation of lot numbers which shall so far as possible be indicated on the goods at the time of sale. Section 17(3) The auctioneer shall call out each lot for auction identifying the lot number and showing to bidders the lot for sale or in the case of immovable property identifying the lot for sale by reference to a map or sketch and shall invite bids on it. Section 17(4) The highest bidder shall be the purchaser subject to compliance with the conditions of sale. Section 17(5) The auctioneer shall, after selling the movable property, attaching goods or goods lawfully held under this custody, and for purposes of effecting transfer in favour of the purchase, file an application to the court which issued the decree or to any other competent court which is applicable. Section 17(6) An application under this rule shall be by motion by way of miscellaneous application, supported by an affidavit and may be heard ex parte . [L.N. 144/2009, r. 9.] - 18
ATTACHMENT AND SALE OF PROPERTY - 18. Proceeds of sale
AI-assisted research summary: Specifies acceptable payment methods for purchasers and requires the auctioneer to issue receipts/memoranda and remit sale proceeds (less charges) with an itemised account, with a 15‑day remittance deadline for movable property.
Section 18. Proceeds of sale Section 18(1) Payment by a purchaser at a sale of seized goods shall be in form of cash, banker’s cheque or electronic funds transfer. Section 18(2) Payment by a purchaser in all other cases shall be in such forms as the auctioneer shall think fit. Section 18(3) On receipt of the proceeds of sale the auctioneer shall issue a receipt for it and in the case of immovable property sign a memorandum of sale. Section 18(4) The auctioneer shall remit the proceeds of sale less his charges to the court or the instructing party, as the case may be, accompanied by an itemised account in the case of movable property within fifteen days of the sale and in the case of immovable property as provided under Order 22, rule 70 of Civil Procedure Rules ( Cap. 21 , Sub. Leg.). [L.N. 144/2009, r. 10, L.N. 267/2017, r. 2.] - 5
ATTACHMENT AND SALE OF PROPERTY - 5. Application of Part III
AI-assisted research summary: A letter of instruction under subrule (1) must be in Sale Form 1 set out in the Schedule.
Section 5. Application of Part III Section 5(1)(a) otherwise provided by any other written law; or Section 5(1)(b) the court otherwise directs under the Civil Procedure Rules (Cap. 21), Sub. Leg.). Section 5(2) A letter of instruction under subrule (1) shall be in Sale Form 1 set out in the Schedule. - 6
ATTACHMENT AND SALE OF PROPERTY - 6. Register of warrants and letters of instruction
AI-assisted research summary: Register entries: the number of the case under which the warrant was issued and the name of the court that issued it;
Section 6. Register of warrants and letters of instruction Section the number of the case under which the warrant was issued and the name of the court that issued it; - 7
ATTACHMENT AND SALE OF PROPERTY - 7. Payment of auctioneer’s charges
AI-assisted research summary: Payment of auctioneer’s charges.
Section 7. Payment of auctioneer’s charges Section that debtor cannot be found; or - 8
ATTACHMENT AND SALE OF PROPERTY - 8. Insurance
AI-assisted research summary: Auctioneers who seize or repossess goods must keep them safe and insured until sold or the seizure is withdrawn; on a stay or objection they must notify creditor, debtor and court and may ask the court to fix fees; for livestock the auctioneer must notify and arrange for care and costs.
Section 8. Insurance Section 8(1) Subject to these Rules, the auctioneer seizing or repossessing goods under a court warrant or letter of instruction shall be responsible for the safe custody and insurance of any movable property seized or repossessed by him until it has been sold or the seizure or repossession is withdrawn. Section 8(2) In case of a stay of the seizure or repossession of any property or objection proceedings to the seizure the auctioneer shall immediately notify the creditor and the debtor, and the court (if any) of the arrangements he considers desirable or necessary for the safe custody, repair, maintenance, storage, transport and insurance of the goods seized or repossessed and the cost thereof pending determination of the stay or objection and may request the court to fix such fees and costs and payment in advance or as the court may think just, such fees and costs being in addition to those provided for in these Rules. Section 8(3) Where the property seized is livestock the auctioneer receiving the warrant or letter of instruction shall forthwith notify the creditor and the debtor and the court (if any) of the arrangements he considers desirable or necessary for the safe custody, health, feeding, watering or transport of the livestock seized, the costs thereof and their payment in advance, or as the court may think just, such fees and costs being in addition to those provided for in these Rules. - 9
ATTACHMENT AND SALE OF PROPERTY - 9. Police assistance
AI-assisted research summary: Section 9(1)(a)–(c) lists circumstances (including breaking a door where goods may be seized, facing resistance or intimidation, and likelihood of a breach of the peace) relevant to police assistance; Section 9(2) requires an application under the rule to be by motion supported by affidavit and may be heard ex parte.
Section 9. Police assistance Section 9(1)(a) he may have to break the door of any premises where goods may be seized or repossessed; or Section 9(1)(b) he may be subject to resistance or intimidation by the debtor or other person; or Section 9(1)(c) a breach of the peace is likely as a result of seizure, repossession or attempted seizure or repossession of any property, Section 9(2) An application under this rule shall be by motion by way of a miscellaneous application support by an affidavit and may be heard ex parte . [L.N. 144/2009, r. 3.]
Part IV
ACCOUNTS
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ACCOUNTS - 19. Maintenance of clients’ account
AI-assisted research summary: An auctioneer must keep clients’ account(s) and promptly pay all clients’ money into them.
Section 19. Maintenance of clients’ account Section 19(1) An auctioneer shall maintain a clients’ account or accounts into which he shall without delay pay all clients’ money held or received by him. Section 19(2)(a) money belonging to the auctioneer necessary to maintain the account; Section 19(2)(b) money to replace any sum drawn from the account in contravention of these Rules; and Section 19(2)(c) a cheque or draft received by the auctioneer which under paragraph 20(1)(b) he is entitled to split but does not split. Section 19(3)(a) is received by him in the form of cash in the ordinary course of business and is paid to a court; or Section 19(3)(b) is received by him in the form of a cheque or draft and is endorsed over and delivered in the ordinary course of business to a court and is not cashed or passed through a bank account by the auctioneer. Section 19(4) An auctioneer shall pay into a clients’ account all clients’ money received or held by him and which he is by these Rules permitted or required to pay in. - 20
ACCOUNTS - 20. Clients’ account
AI-assisted research summary: Section 20 sets rules for handling cheques/drafts and clients' accounts, including that an auctioneer must not withdraw more than the amount credited to the client for whom the withdrawal is proposed.
Section 20. Clients’ account Section 20(1)(a) he may where practicable split the cheque or draft and, if he does so, he shall deal with each part of it as if he had received a separate cheque or draft in respect of that part; or Section 20(1)(b) if he does not split the cheque or draft, he shall pay it into a clients’ account. Section 20(2)(a) money properly required for payment to a client or a court; Section 20(2)(b) money properly required for payment authorized by a court or a client; Section 20(2)(c) money properly required for or towards payment of the auctioneer’s charges as specified in rule 6(j); Section 20(2)(d) money paid into the account in contravention of these Rules; Section 20(2)(e) money paid into the account under rule 19(2)(a); and Section 20(2)(f) money not being clients’ money paid into the account under rule 19(2)(c). Section 20(3) A cheque drawn upon a clients’ account shall bear on its face the words "clients’ account". Section 20(4) An auctioneer shall not withdraw from a clients’ account any sum in excess of the amount held for the time being in the account for the credit of the client in respect of whom the drawing is proposed to be made. Section 20(5) No money shall be withdrawn from a clients’ account under any of subparagraphs (c), (d), (e) and (f) of paragraph (1) except by a cheque drawn in favour of the auctioneer. Section 20(6) No money shall be withdrawn from a clients’ account other than in accordance with this rule. [L.N. 144/2009, r. 11.] - 22
ACCOUNTS - 22. Books of accounts
AI-assisted research summary: Lists the accounting records relating to clients’ money and other books and the manner in which they may be kept for auctioneers.
Section 22. Books of accounts Section 22(1)(a) every receipt of clients’ money, in respect of each client; Section 22(1)(b) every payment by him out of the clients’ account in respect of each client; Section 22(1)(c) the amount held by him for the time being in a clients’ account, in respect of each client; and Section 22(1)(d) the money expended for, and the costs charged to, each client. Section 22(2)(a) a cash book for office and clients’ account; Section 22(2)(b) every transaction involving clients’ money, or other money dealt with by the auctioneer through a clients’ account; and Section 22(2)(b)(i) every transaction involving clients’ money, or other money dealt with by the auctioneer through a clients’ account; and Section 22(2)(b)(ii) every transaction involving the auctioneer’s own money and relating to his activities as an auctioneer; Section 22(2)(c) a record showing particulars of all charges levied by the auctioneer. Section 22(3) Subject to paragraph 2 (a) a cash book or ledger kept under this rule may be a loose-leaf book or may consist of cards or other permanent record. Section 22(4)(a) in separate volumes of the cash book and ledger; or Section 22(4)(b) in one cash book and one ledger, each in a separate column. - 23
ACCOUNTS - 23. Preservation of records
AI-assisted research summary: An auctioneer must keep all books of account and accounting records for at least six years from the date of the last entry.
Section 23. Preservation of records Section An auctioneer shall preserve for at least six years from the date of the last entry all books of account and accounting records. - 24
ACCOUNTS - 24. Reporting of records lost or destroyed
AI-assisted research summary: An auctioneer must take reasonable precautions to protect accounting books and records required by rule 7, and if any such books or records are lost, destroyed or materially damaged must immediately notify the Board and provide a written report of the circumstances.
Section 24. Reporting of records lost or destroyed Section An auctioneer shall take reasonable precautions to ensure the safety of all books of account and mechanical or electronic accounting records which he is required by rule 7 to keep and in the event of any books or records being lost, destroyed or materially damaged, shall forthwith give notice of such loss, destruction or damage to the Board, together with a written report on the circumstances of the same. - 25
ACCOUNTS - 25. Accountant’s certificate
AI-assisted research summary: An auctioneer must deliver to the Board every year a certificate, signed by an accountant, in a Board-approved form and complying with the Rules.
Section 25. Accountant’s certificate Section Subject to these Rules an auctioneer shall every year deliver to the Board a certificate in a form approved by the Board signed by an accountant and complying with these Rules. - 26
ACCOUNTS - 26. Who may not give an accountant’s certificate
AI-assisted research summary: An accountant may not give an accountant’s certificate if he was during the accounting period a partner, clerk or servant of the auctioneer; or is subject to a notice of disqualification; or has been found guilty of professional misconduct by the disciplinary committee under section 29 of the Accountants Act (Cap. 531); or has deliberately or negligently failed to comply with this Part.
Section 26. Who may not give an accountant’s certificate Section 26(1)(a) he has at any time during the accounting period but before giving the certificate, been a partner, clerk or servant of the auctioneer; or Section 26(1)(b) he is subject to a notice of disqualification under subrule (2). Section 26(2)(a) the accountant has been found guilty, by the disciplinary committee appointed under section 29 of the Accountants Act (Cap. 531), of professional misconduct; or Section 26(2)(b) the accountant has deliberately or negligently failed to comply with this Part, - 27
ACCOUNTS - 27. Procedure on examination of accounts
AI-assisted research summary: Section 27. Procedure on examination of accounts Section make a general test examination of the books of accounts and other mechanical or electronic accounting records of the auctioneer;
Section 27. Procedure on examination of accounts Section make a general test examination of the books of accounts and other mechanical or electronic accounting records of the auctioneer; - 28
ACCOUNTS - 28. Dispensation of requirements of rule 25
AI-assisted research summary: The Board may waive the requirements of rule 25 when it is satisfied that an auctioneer has not held or received clients’ money since his last certificate delivery or since licensing, whichever is later.
Section 28. Dispensation of requirements of rule 25 Section The Board may dispense with the requirements of rule 25 if it is satisfied that an auctioneer has not held or received clients’ money since the delivery by him of his last certificate or since he was licensed, whichever is the later. - 29
ACCOUNTS - 29. Commencement of an accounting period
AI-assisted research summary: An accounting period begins at the expiry of the last preceding accounting period for which an accountant’s certificate has been delivered.
Section 29. Commencement of an accounting period Section begin at the expiry of the last preceding period accounting period for which an accountant’s certificate has been delivered; - 30
ACCOUNTS - 30. Accounting period
AI-assisted research summary: Section 30 defines the accounting period by reference to: (a) the date when a licence is granted to an auctioneer who has not previously held a licence; (b) the date when an exemption from delivering a certificate to an auctioneer under rule 28 expires; and states that an accounting period shall end on the date when an auctioneer last held clients' money when he retires and must deliver a final accountant’s certificate, which may be less than twelve months.
Section 30. Accounting period Section 30(1)(a) the date when a licence is granted to an auctioneer who has not previously held a licence; or Section 30(1)(b) the date when an exemption from delivering a certificate, given to an auctioneer under rule 28 expires. Section 30(2) An accounting period shall, when an auctioneer retires from his business and is obliged to deliver a final accountant’s certificate, end on the date when he last held clients’ money and may last less than twelve months. - 31
ACCOUNTS - 31. Separate accounting periods
AI-assisted research summary: An auctioneer with two or more places of business may use separate accounting periods for each place of business.
Section 31. Separate accounting periods Section An auctioneer who has two or more places of business may adopt separate accounting periods in respect of each place of business.
Part V
DISCIPLINE
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DISCIPLINE - 32. Form of complaint
AI-assisted research summary: Complaints to the Board under section 24 must be made by affidavit in Disciplinary Form 1 in the Third Schedule; if the Board instigates a complaint, the Executive Secretary may make the complaint on behalf of the Board.
Section 32. Form of complaint Section A complaint to the Board under section 24 of the Act shall be made by way of affidavit in Disciplinary Form 1 in the Third Schedule: Provided that where a complaint is instigated by the Board itself, such complaint may be made on behalf of the Board by the Executive Secretary. - 33
DISCIPLINE - 33. Fee for complaint
AI-assisted research summary: An affidavit referring a complaint to the Board must be accompanied by a fee prescribed by the Chief Justice.
Section 33. Fee for complaint Section An affidavit referring a complaint to the Board shall be accompanied by such fee as may be prescribed by the Chief Justice. - 34
DISCIPLINE - 34. Formal order by Board dismissing a complaint
AI-assisted research summary: If a complaint to the Board is dismissed under the proviso to section 24(3) of the Act and the complaint or the related auctioneer requires it, the Board must make a formal order dismissing the complaint.
Section 34. Formal order by Board dismissing a complaint Section If a complaint made to the Board is dismissed under the proviso to section 24(3) of the Act, the Board shall, if so required by the complaint or the auctioneer to whom the complaint relates, make a formal order dismissing the complaint. - 35
DISCIPLINE - 35. Fixing date for hearing of a complaint
AI-assisted research summary: If there is a complaint against an auctioneer, the Board must fix a hearing date; the Executive Secretary to the Board must give each party notice at least twenty-one days before the hearing and provide each party with any opposing affidavit.
Section 35. Fixing date for hearing of a complaint Section In case of a complaint against an auctioneer the Board shall fix a date for the hearing, and the Executive Secretary to the Board shall give notice of the hearing to each party to the proceedings not less than twenty-one days before the day fixed for the hearing and shall at the same time furnish each party with a copy of any affidavit from the opposing party. - 36
DISCIPLINE - 36. Notice of hearing
AI-assisted research summary: A notice of hearing must require the party to whom it is addressed to furnish to the Executive Secretary and every other party a list of all documents the party intends to rely on at the hearing at least fourteen days before the hearing.
Section 36. Notice of hearing Section shall be in Disciplinary Form 2 set out in the Third Schedule and shall, unless the Board otherwise directs, require the party to whom it is addressed to furnish to the Executive Secretary and to every other party at least fourteen days before the day fixed for the hearing, a list of all documents which he intends to rely at the hearing; and - 37
DISCIPLINE - 37. Admission of documents
AI-assisted research summary: Parties may be notified in writing up to nine days before hearing to call on another party to admit a document; a party who challenges must, within six days of service, notify non-admission and require proof at the hearing; failure to give timely notice is deemed admission unless the Board directs otherwise; if challenged and the document is proved the challenger pays costs unless the Board finds reasonable grounds; the Board may disallow costs where a party proves a document without giving notice to admit.
Section 37. Admission of documents Section 37(1) A party may be notified in writing, at any time not later than nine days before the date fixed for the hearing, to call upon any other party to admit any document and if such party desires to challenge the authenticity of the document he shall within six days after service of such notice, give notice that he does not admit the document and requires it to be proved at the hearing. Section 37(2) If a party refuses or neglects to give notice of non-admission within the time prescribed in subrule (1), he shall be deemed to have admitted the document unless the Board otherwise directs. Section 37(3) Where a party gives notice of non-admission within the time prescribed by subrule(1), and the document is proved at the hearing, the costs of proving the documents shall be paid by the party who has challenged the document, whatever the order of the Board may be, unless in its report or order the Board finds that there were reasonable grounds for not admitting the authenticity of the document. Section 37(4) Where a party proves a document without having given notice to admit under subrule (1) the Board may disallow the costs of proving the document. - 38
DISCIPLINE - 38. Inspection of documents
AI-assisted research summary: A party may inspect and copy documents that are listed and furnished by any other party.
Section 38. Inspection of documents Section A party may inspect and take copies of the documents included in the list furnished by any other party. - 39
DISCIPLINE - 39. Hearing of complaints to be in public
AI-assisted research summary: The Board must hear all complaints and applications in public, unless the Board in its discretion decides otherwise.
Section 39. Hearing of complaints to be in public Section The Board shall hear all complaints and applications in public unless the Board in its discretion otherwise decides. - 40
DISCIPLINE - 40. Failure to appear at hearing
AI-assisted research summary: If a party does not appear at a hearing and had been served with the notice of hearing, the Board may hear and decide the complaint in the party's absence.
Section 40. Failure to appear at hearing Section If a party fails to appear at a hearing, the Board may, in its discretion, upon proof of service on such party of the notice of hearing, proceed to hear and determine the complaint in his absence. - 41
DISCIPLINE - 41. Evidence by affidavit
AI-assisted research summary: The Board may, in its discretion, proceed and act upon evidence given by affidavit.
Section 41. Evidence by affidavit Section The Board may in its discretion, either as to the whole case or as to any particular fact or facts, proceed and act upon evidence given by affidavit. - 42
DISCIPLINE - 42. Withdrawal of complaint
AI-assisted research summary: A complaint cannot be withdrawn after it has been sent to the Executive Secretary, except with the leave of the Board.
Section 42. Withdrawal of complaint Section No complaint made under these Rules shall be withdrawn after it has been sent to the Executive Secretary, except with the leave of the Board, which may be granted, or refused, upon such terms as to costs or otherwise as the Board thinks fit. - 43
DISCIPLINE - 43. Adjournment of hearing
AI-assisted research summary: The Board may adjourn a hearing, either on its own motion or if a party applies, and may set terms about costs or other matters.
Section 43. Adjournment of hearing Section The Board may, on its own motion, or upon the application of any party, adjourn the hearing upon such terms as to costs or otherwise as it thinks fit. - 44
DISCIPLINE - 44. Consolidation of proceedings
AI-assisted research summary: The Board may order consolidation of hearings of proceedings before it after giving the parties an opportunity to be heard.
Section 44. Consolidation of proceedings Section The Board may, after giving the parties concerned an opportunity to be heard, order the consolidation of the hearing of any proceedings before it. - 45
DISCIPLINE - 45. Amendment of complaints
AI-assisted research summary: During a hearing the Board may amend charges or permit filing further affidavits; it may require matters outside the complaint to be put in a fresh complaint; and if an amendment would surprise or prejudice a party the Board must grant an adjournment on terms it thinks fit.
Section 45. Amendment of complaints Section If, in the course of a hearing, it appears to the Board that the charges of which notice has been given require to be amended or added to, the Board may make or permit such amendment or addition, and the filing of such further affidavit, as it thinks fit, or, if in the opinion of the Board such amendment or addition is not within the scope of the complaint may require the same to be embodied in a further complaint, provided that if such amendment or addition, is, in the opinion of the Board such as to take any party by surprise, or prejudice the conduct of his case, the Board shall grant an adjournment of the hearing upon such terms as to costs or otherwise as the Board thinks fit. - 46
DISCIPLINE - 46. Power to award costs
AI-assisted research summary: Upon hearing or determining a complaint against an auctioneer, the Board may order any party to pay the costs of the proceedings.
Section 46. Power to award costs Section Upon the hearing or determination of a complaint against the auctioneer the Board may, without finding any professional misconduct proved against the auctioneer nevertheless order any party to pay the costs of proceedings having regard to his conduct and to all the circumstances of the case. - 47
DISCIPLINE - 47. Record of proceedings before the Board
AI-assisted research summary: The Executive Secretary of the Board must keep a record of all proceedings before the Board.
Section 47. Record of proceedings before the Board Section The Executive Secretary of the Board shall keep a record of all proceedings before the Board. - 48
DISCIPLINE - 48. Inspection of record of proceedings
AI-assisted research summary: A party to proceedings before the Board may inspect the record or transcript; a party entitled to be heard on appeal may be supplied with a copy of the transcript, subject to payment and Board order for copying charges at a rate the Board directs.
Section 48. Inspection of record of proceedings Section A party to proceedings before the Board shall be entitled to inspect the record or transcript of it and a party entitled to be heard in an appeal filed from such proceedings shall be entitled to be supplied with a copy of a transcript of such proceedings against payment, if so ordered by the Board, of copying charges at such reasonable rate as the Board may direct. - 49
DISCIPLINE - 49. Service of notice or document
AI-assisted research summary: Service of a notice or document may be effected by any method authorized by law or by registered post and is deemed effected seven days after posting.
Section 49. Service of notice or document Section Service of a notice or document may be effected under these Rules by any method authorized by law or by registered post, addressed to the last known postal address or abode in Kenya of the person to be served, and such service shall be deemed to have been effected seven days after posting. - 50
DISCIPLINE - 50. Discretion of the Board to dispense with the requirement of these Rules
AI-assisted research summary: The Board may waive requirements of the Rules about notices, affidavits, documents, service or time when it considers it just or expedient.
Section 50. Discretion of the Board to dispense with the requirement of these Rules Section The Board may dispense with any requirements of these Rules respecting notices, affidavits, documents, service or time, in any case where it appears to the Board to be just or expedient so to do. - 51
DISCIPLINE - 51. Extension of time
AI-assisted research summary: The Board may extend the time for doing anything under these Rules on such terms as to costs or otherwise.
Section 51. Extension of time Section The Board may extend the time for doing anything under these Rules on such terms as to costs or otherwise as the Board thinks fit. - 52
DISCIPLINE - 52. Witness summons
AI-assisted research summary: A witness summons issued under section 4 of the Act must be in Discipline Form 3 set out in the Third Schedule.
Section 52. Witness summons Section A witness summons issued under section 4 of the Act shall be in Discipline Form 3 set out in the Third Schedule. - 53
DISCIPLINE - 53. Non-compliance with the Rules by an auctioneer
AI-assisted research summary: An auctioneer must not fail to comply with any of these Rules; failing without lawful excuse is an offence.
Section 53. Non-compliance with the Rules by an auctioneer Section An auctioneer who fails to comply with any of these Rules without lawful excuse commits an offence. - 54
DISCIPLINE - 54. Penalty
AI-assisted research summary: A person who commits an offence under these Rules for which no other penalty is prescribed is liable to a fine of fifty thousand shillings and to imprisonment for a term of 1 year.
Section 54. Penalty Section A person who commits an offence under these Rules for which no other penalty is prescribed shall be liable to a fine of fifty thousand shillings and to imprisonment for a term of 1 year. - 55
DISCIPLINE - 55. Fees and disbursements payable to an auctioneer
AI-assisted research summary: Except as otherwise provided, the fees set out in the Fourth Schedule payable to the auctioneer for attachment, repossession and sale of property under court warrants or letters of instructions shall be charged in accordance with these Rules.
Section 55. Fees and disbursements payable to an auctioneer Section 55(1) Except as may be provided by any other written law or by contract the fees set out in the Fourth Schedule payable to the auctioneer for the attachment, repossession and sale of movable and immovable property under court warrants or letters of instructions shall be charged in accordance with these Rules. Section 55(2)(a) in proceedings before the High Court; or Section 55(2)(b) where the value of the property attached or repossessed would bring any proceedings in connection with it within the monetary jurisdiction of the High Court, Section 55(3) In any other case where a dispute arises as to the amount of fees payable to an auctioneer a magistrate or the Board may, on the application of any party to the dispute, assess the fees payable. Section 55(4) An appeal from a decision of a registrar or a magistrate or the Board under subrules (2) and (3) shall be to a judge in chambers. Section 55(5) The memorandum of appeal, by way of chamber summons setting out the grounds of the appeal, shall be filed within 7 days of the decision of the registrar or magistrate.
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