Auctioneers go after Senator Hezena’s property over debt

Viewline Auctioneers have served the senator with a proclamation after obtaining warrants to recover Ksh.447,823.77 awarded to contractor Silas Thuranira Muturia, trading as Simut Logistics, following the dismissal of her High Court appeal.

According to the proclamation dated July 27, 2026, the auctioneers have attached some household items, including sofa sets, television sets, a refrigerator, a microwave oven, a coffee table with chairs, a sound system, gas cylinders, carpets, a washing machine, a water dispenser and window curtains.

The notice further states that any other movable assets, including motor vehicles found during execution, may also be attached if necessary to satisfy the decree.

The dispute stems from landscaping works carried out at the senator’s property between April and June 2023.

The contractor sued in the Milimani Small Claims Court, claiming he had not been fully paid for services that included excavation, retaining walls, staircases, cabro paving, planting of flowers and shrubs, ground levelling and construction of a fireplace.

Lemaletian admitted engaging the contractor but maintained that the works were substandard. She argued that the retaining wall collapsed shortly after construction, the staircase had to be rebuilt, the fireplace was left incomplete and some agreed works were never undertaken.

She also claimed she incurred additional costs purchasing materials and rectifying what she termed defective workmanship.

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However, the Small Claims Court entered judgment in favour of the contractor after finding that the senator had not filed a formal counterclaim or pleaded a legal set-off against the amount claimed.

Her appeal to the High Court was subsequently dismissed, with the court holding that the contractor had proved his claim through the contract and invoices produced in evidence.

The judge further ruled that complaints regarding additional expenses could not defeat the claim because they had not been formally raised through a counterclaim or set-off.

Following the dismissal of the appeal, the contractor obtained warrants of attachment to recover the decretal sum, accrued interest and execution costs, bringing the total amount to Ksh.447,823.77.

The auctioneers’ proclamation gives the senator the statutory notice period to settle the outstanding amount, failing which the attached property may be removed and sold through a public auction.

In a separate application, the contractor is also seeking approximately Ksh.224,000 in party-and-party costs incurred during the High Court appeal.

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