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December 23, 2025
4h ago

High Court Allows Banks to Go After Guarantors Following Failed Property Auctions

High Court Allows Banks to Go After Guarantors Following Failed Property Auctions

With the ruling now, banks will be free to go after guarantors in cases where the security has not paid off the loans, marking a major change in the banking sector...

✨ Key Highlights

The High Court of Kenya has ruled that banks can pursue guarantors for unpaid loans, even after failed property auctions. This decision came from a case where a bank sought to recover Ksh321 million from directors who guaranteed a hotel's defaulted loan.

  • The hotel and another company defaulted on loans totaling Ksh231 million obtained in 2012 and 2015.
  • Judge Peter Mulwa emphasized that guarantees are legally binding and remain enforceable even after loan restructuring or failed auction attempts.
  • The court denied the guarantors' claim for general damages, stating contract law does not allow such claims.

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