Auctioneers have moved to seize household property belonging to nominated Senator Hezena Lemaletian to recover KSh447,823.77 awarded to a contractor following a court dispute over unpaid landscaping works.
Viewline Auctioneers has issued a proclamation after obtaining warrants of attachment, following the dismissal of the senator’s appeal. The notice gives Lemaletian the statutory period to settle the outstanding amount before the listed property is sold through a public auction.
Among the items earmarked for attachment are sofa sets, television sets, a refrigerator, a microwave oven, a washing machine, carpets, a sound system, gas cylinders, a water dispenser, a coffee table with chairs, and window curtains. The proclamation further states that other movable assets, including motor vehicles, may also be attached if necessary to recover the debt.
The dispute stems from a landscaping contract carried out at the senator’s property between April and June 2023. The contractor, Silas Thuranira Muturia, trading as Simut Logistics, moved to court after alleging that he was not fully paid for the completed work.
The Milimani Small Claims Court ruled in favour of the contractor, finding that Lemaletian had neither filed a formal counterclaim nor raised a legal set-off against the claim.
The High Court later upheld that decision, dismissing the senator’s appeal after ruling that the contractor had sufficiently proved his case through the contract and invoices presented in court. The judge further held that claims of defective workmanship could not defeat the contractor’s claim because they had not been formally pleaded through a counterclaim.
Following the judgment, the contractor obtained warrants of attachment to recover the decretal amount, accrued interest, and execution costs, bringing the total recoverable sum to KSh447,823.77.
In addition, the contractor has filed a separate application seeking approximately KSh224,000 in party-and-party costs incurred during the High Court appeal.
