Auctioneers move to seize Nominated Senator Lemaletian’s property over unpaid contract

Auctioneers move to seize Nominated Senator Lemaletian’s property over unpaid contract

NAIROBI,Kenya Aug 5 – Nominated Senator Hezena Lemaletian is facing the possible auction of her household property after auctioneers moved to enforce a court decree over an unpaid landscaping contract.

Viewline Auctioneers have issued the senator with a proclamation after obtaining warrants of attachment to recover Sh447,823.77 awarded to contractor Silas Thuranira Muturia, trading as Simut Logistics, following the dismissal of her appeal by the High Court.

According to the proclamation dated July 27, 2026, the auctioneers have attached various household items, including sofa sets, television sets, a refrigerator, microwave oven, coffee table with chairs, sound system, gas cylinders, carpets, washing machine, water dispenser and window curtains.
The notice further states that any other movable property, including motor vehicles traced during execution, may also be seized if necessary to satisfy the decree.

The dispute arose from landscaping works undertaken at the senator’s residence between April and June 2023. Muturia moved to the Milimani Small Claims Court, accusing Lemaletian of failing to fully pay for services that included excavation, construction of retaining walls and staircases, cabro paving, ground levelling, planting of flowers and shrubs, and the construction of a fireplace.

While Lemaletian admitted engaging the contractor, she argued that the works were poorly executed. She claimed the retaining wall collapsed soon after completion, the staircase had to be reconstructed, the fireplace was left unfinished, and some of the agreed works were never carried out. She further told the court that she incurred additional costs to purchase materials and rectify the alleged defects.

However, the Small Claims Court found in favour of the contractor, holding that although the senator had raised complaints about the quality of the work, she had neither filed a formal counterclaim nor pleaded a legal set-off to offset the amount being claimed.

Her subsequent appeal to the High Court was dismissed, with the judge ruling that the contractor had sufficiently proved his case through the contract and invoices produced in court. The court further held that Lemaletian’s allegations of defective workmanship and additional expenses could not defeat the claim because they had not been formally pleaded through a counterclaim or set-off.

Following the dismissal of the appeal, the contractor obtained warrants of attachment to recover the decretal amount together with accrued interest and execution costs, bringing the total outstanding sum to Sh447,823.77.

The auctioneers have given the senator the statutory notice period to settle the debt, failing which the attached property could be removed and sold by public auction.

Separately, the contractor has filed another application seeking about Sh224,000 in party-and-party costs incurred during the High Court appeal.