Tuesday, October 6, 2026
Court Helicopter
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion
No Result
View All Result
Court Helicopter
Home Court Update

Couple Faces Eviction After KCB Auctions Matrimonial Home Over KSh13.8 Million Mortgage

Homeowners argued they had repaid more than KSh20 million and questioned the legality of the sale, but judges declined to stop their eviction.

Bramuel Wanzala by Bramuel Wanzala
June 22, 2026
in Court Update
0
Couple Faces Eviction After KCB Auctions Matrimonial Home Over KSh13.8 Million Mortgage

The High Court in Eldoret has allowed Kenya Commercial Bank (KCB) to auction businessman Emmanuel Kipchirchir Mutai's commercial property after finding the bank complied with the Land Act in seeking to recover a KSh285.7 million loan debt.

Share on FacebookShare on TwitterShare on WhatsApp

A couple is facing eviction from its matrimonial home after Kenya Commercial Bank (KCB) auctioned the property in a dispute stemming from a KSh13.8 million mortgage facility.

Oscar Sammy Imbuye and Aginela Kezia Waleghwa had sought to stop their removal from the maisonette in Trident Park Estate, arguing that the sale of the property was unlawful and that losing their family home would cause irreparable harm.

Related posts

Suspect Arrested Over Killing of Form Four Student in Molo

Suspect Arrested Over Killing of Form Four Student in Molo

October 6, 2026

Court Allows EACC KSh813 Million Recovery Case Against Wamatangi to Proceed

October 3, 2026

Court records show that the couple obtained mortgage facilities from KCB in 2013 and 2014 amounting to approximately KSh13.8 million. The bank later claimed the loan account fell into arrears and, after issuing the requisite notices, moved to exercise its statutory power of sale.

The property was eventually sold through a public auction on July 8, 2025, for KSh20.4 million. The successful bidder, Celestine Jeruto Rono, was subsequently registered as the new owner.

The couple, however, challenged the sale, insisting that they had already repaid more than KSh20 million and accusing the bank of failing to comply with legal requirements before selling the property. They argued that KCB did not issue valid statutory notices and failed to conduct a lawful valuation of the property. They also alleged that auctioneers served a notice of sale through WhatsApp and that the auction proceeded despite court orders preserving the status quo.

After the High Court directed them to vacate the house, the couple moved to the appellate court seeking orders to suspend their eviction pending the hearing and determination of their intended appeal.

Through their lawyers, the applicants argued that their appeal raised serious questions, including whether the High Court wrongly vacated earlier consent orders, mishandled contempt proceedings and improperly allowed their eviction while disputes surrounding the sale remained unresolved. They further maintained that eviction would render their appeal meaningless because the property serves as their matrimonial home.

KCB opposed the application, maintaining that the borrowers had remained in default for several years despite receiving multiple notices and opportunities to regularise the account. The bank also argued that the couple had failed to comply with previous court orders requiring them to deposit KSh4 million as a condition for obtaining injunctive relief.

KCB further maintained that the property had already been transferred to a bona fide purchaser whose title is protected under the law and that any loss suffered by the applicants could be compensated through damages. The judges found that the couple’s intended appeal was arguable and raised issues worthy of consideration.

However, they held that the applicants had failed to demonstrate that their appeal would be rendered nugatory if interim relief was denied.

“While the sentimental attachment to a matrimonial home is recognized, the law requires proof that the property is unique or incapable of compensation in damages,” the judges stated.

The court noted that the house had already been sold to a third-party purchaser and that any loss suffered by the couple could be compensated if they ultimately succeed in their appeal.

The judges further underscored the legal protection afforded to buyers who acquire property through public auctions.

“The rights of the purchaser are protected under the Land Act,” the court said, adding that preserving the status quo in favour of the applicants would undermine statutory protections accorded to bona fide purchasers.

The decision clears the way for enforcement of the orders requiring the couple to vacate the property, unless they obtain further relief as the appeal process continues.

 

Previous Post

Justice Gatembu Kairu Elected President of the Court of Appeal

Next Post

Court of Appeal Shuts Down Kshs. 33.9M Yatta Dam Land Claim, Says No Proof of Forced Takeover

Bramuel Wanzala

Bramuel Wanzala

Bramuel Wanzala is a journalist and digital media practitioner specializing in court reporting and public interest stories. He holds a Bachelor’s degree in Linguistics, Media and Communication and has worked with Radio Citizen and The Standard. He currently reports for Court Helicopter News.

Next Post
Court Overturns Order That Kept Hospital Workers on Payroll

Court of Appeal Shuts Down Kshs. 33.9M Yatta Dam Land Claim, Says No Proof of Forced Takeover

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

BROWSE BY CATEGORIES

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Opinion
  • Photo-Story
  • World News

BROWSE BY TOPICS

#Safaricom #Sakaja Africa Creative Feature Human Rights IPOA Legal Today Maandamano Mathare News Populer sepulchral rights trend Video

POPULAR

Rose Mbithe, Children Rose and Chris Mulwa Accused of Plot to Poison Suspects in Dr Mutiso Murder Probe
Court Update

Rose Mbithe, Children Rose and Chris Mulwa Accused of Plot to Poison Suspects in Dr Mutiso Murder Probe

by CH Reporter
September 30, 2026
0

Rose Mbithe and her children Rose and Chris Mulwa have been accused of being part of a plan to eliminate...

Dr Mutiso Murder Suspect Turned State Witness to Be Put Under Witness Protection

Dr Mutiso Murder Suspect Turned State Witness to Be Put Under Witness Protection

October 1, 2026
Lumakanda OCS Charged Over Alleged Defilement of 14-Year-Old Girl

Lumakanda OCS Charged Over Alleged Defilement of 14-Year-Old Girl

September 30, 2026
15 Officers Back in Court Over 2022 Abduction of Two Indians, Taxi Driver

‘Innocent Blood Never Rests’: Magistrate Thuku’s Strongly Worded Ruling In Deferring Plea-Taking in SSU Abduction Case

October 1, 2026
Witness Recounts Tob Cohen’s Final Night at Entertainment Hotel

Witness Recounts Tob Cohen’s Final Night at Entertainment Hotel

September 30, 2026
Three Police Officers Arrested in Nairobi Counterfeit Currency and Fake Gold Probe

Three Police Officers Arrested in Nairobi Counterfeit Currency and Fake Gold Probe

October 2, 2026
Rose Mbithe & Her Two Children Among Five Suspects Charged With Murder of Dr. Mutiso 

Rose Mbithe & Her Two Children Among Five Suspects Charged With Murder of Dr. Mutiso 

September 29, 2026
Former Housekeeper Tells Court Tob Cohen Was a Heavy Drinker and Abusive

Former Housekeeper Tells Court Tob Cohen Was a Heavy Drinker and Abusive

September 29, 2026
Lumakanda Police Boss Denied Bail Over Alleged Defilement of 14-Year-Old

Lumakanda Police Boss Denied Bail Over Alleged Defilement of 14-Year-Old

October 2, 2026
Court Helicopter

Court and legal stories from around the country

Follow us on social media:

Recent News

  • 79-Year-Old Man Sentenced to 10 Years for Indecent Act Against Autistic Child
  • Suspect Arrested Over Killing of Form Four Student in Molo
  • Man Sentenced to Life In Prison Over Attempted Knife Attack at Israeli Embassy in London

Category

  • Africa
  • County
  • Court Update
  • Explainer
  • International
  • Interviews
  • News
  • Opinion
  • Photo-Story
  • World News

Recent News

Supreme Court Halts Sale of Sh11 Billion Cytonn Properties Pending Appeal

79-Year-Old Man Sentenced to 10 Years for Indecent Act Against Autistic Child

October 6, 2026
Suspect Arrested Over Killing of Form Four Student in Molo

Suspect Arrested Over Killing of Form Four Student in Molo

October 6, 2026

© 2026 Court Helicopter. All rights reserved.

imunify-bot-check
No Result
View All Result
  • Home
  • News
  • Court Update
  • County
  • Explainer
  • Photo-Story
  • Interviews
  • International
  • Africa
  • News Feature
  • Opinion

© 2026 Court Helicopter. All rights reserved.