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June 8, 2026

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Win for Borrowers as High Court Rules on Auction of Property After Loans Are Cleared

Win for Borrowers as High Court Rules on Auction of Property After Loans Are Cleared

The court has weighed in on a complex question with significant implications for property owners and lenders...

✨ Key Highlights

The High Court in Nairobi has ruled that a bank cannot auction a borrower's property if loan arrears that triggered a default have been fully cleared and the account regularized.

The ruling, delivered on May 28, prevents a bank from auctioning properties securing an Ksh80 million facility after the borrower settled outstanding arrears.
The case involved a borrower and an unnamed bank that sought to recover the loan through a planned auction.
Justice Moses Ado found that the loan account had been restored to good standing, making a forced sale legally and equitably concerning.

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