ADVOKS GLOBAL · KENYA
Auctioneers Act
24. Complaints against auctioneers
Edition: 2022-12-31 · In force
24. Complaints against auctioneers
(1)A complaint against a licensed auctioneer of misconduct, which expression includes disgraceful or dishonourable conduct incompatible with the status of an auctioneer, may be made to the Board by any aggrieved person within a period of one year after the occurrence of the event giving rise to the complaint.(2)Where a person makes a complaint under this section, the complaint shall be by affidavit by himself setting out the allegations of misconduct which appear to arise on the complaint, and shall be forwarded to the Board together with the prescribed fee.(3)The Board shall give the licensed auctioneer against whom the complaint is made an opportunity to file an affidavit in reply to the allegations and to appear before it, and shall furnish him with a copy of the complaint, and of any evidence in support thereof, and shall give him an opportunity of inspecting any relevant document not less than seven days before the date fixed for the hearing:Provided that where in the opinion of the Board the complaint does not disclose any prima facie case of misconduct, the Board may at any stage of the proceedings, dismiss the complaint without requiring the licensed auctioneer to whom the complaint relates to answer any allegation made against him and without hearing the complaint.(4)After hearing the complaint and the licensed auctioneer to whom the complaint relates, if he wishes to be heard, and considering the evidence adduced, the Board may order that the complaint be dismissed or if it is of the opinion that a case of misconduct on the part of the auctioneer has been made out, the Board may order—(a)that the licensed auctioneer be admonished; or(b)that the auctioneer’s licence be suspended for such period, not exceeding six months as the Board thinks fit; or(c)that the auctioneers licence be revoked; or(d)that such condition or conditions as it deems appropriate be attached to the auctioneer’s licence; or(e)that the licensed auctioneer pay a fine not exceeding one hundred thousand shillings; or(f)that the licensed auctioneer pay compensation not exceeding one hundred thousand shillings to the person damnified by his misconduct; or(g)that the auctioneer be disqualified from holding an auctioneer’s licence for such period as the Board thinks fit; or(h)such combination of the above orders as the Board thinks fit.(5)The Board may make such order as to the payment by any party of any costs or witness’ expenses and as to the expenses of the Board or the members thereof in connection with the hearing of any complaint as it may think fit.(6)Any order of the Board may be filed with a subordinate court and shall, upon service of the notice of filing thereof upon the licensed auctioneer, be enforceable in the same manner as an order of the subordinate court to the like effect.