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.
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.
