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Post Reply: High Court Urged to Halt Sale of Nairobi Apartment Amid Contempt Allegations Against KCB Bank

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on September 1, 2025, 9:21 am</div><div id="pl-7802"  class="panel-layout" ><div id="pg-7802-0"  class="panel-grid panel-no-style" ><div id="pgc-7802-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7802-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">The High Court in Nairobi has been urgently requested to intervene and stop the sale of a residential unit in Riverland Apartments following accusations that KCB Bank Limited and its officials violated a court undertaking by attempting to auction the property before a scheduled ruling. The plaintiff, James Mwangi Rukwaro, has filed a case under a certificate of urgency, alleging that KCB Bank, its Group Chief Executive Officer Paul Russo, Cornelius Wangila Sikuku, and George Njoroge Muiruri of Phillips International Auctioneers acted in contempt of court by proceeding with the auction of his home, Apartment No. A5, Riverland Apartments on LR No. 330/695, on August 22, 2025.</p>
<p dir="ltr">Rukwaro, represented by his legal team, claims that on August 13, 2025, KCB Bank's advocate provided an implied undertaking to the court, assuring that the apartment would not be sold until September 19, 2025, when the court was set to deliver a ruling on Rukwaro’s application to block the sale. Despite this commitment, the bank and its associated officials allegedly proceeded with the auction, an action Rukwaro describes as a deliberate defiance of judicial authority. He further alleges that the respondents attempted to credit his bank account with Ksh 1 million, purportedly as proceeds from the auction, in a move he considers a blatant act of contempt.</p>
<p dir="ltr">In his court application, Rukwaro asserts, "The respondents have deliberately disobeyed the authority of this court by purporting to auction my home despite an express undertaking not to do so." He emphasizes the importance of upholding the dignity and authority of the courts, citing past judgments and rulings from the Court of Appeal that condemn deliberate disobedience of court orders. Rukwaro argues that such actions undermine the judicial process and cannot be tolerated.</p>
<p dir="ltr">The application seeks several remedies from the High Court. Rukwaro is requesting a declaration that the August 22, 2025, auction was void due to its execution in contempt of court. He also seeks orders to compel the respondents to reverse the transaction and halt any further dealings with the property until the substantive case is fully heard and determined. Additionally, Rukwaro is pushing for sanctions against the respondents, including fines and the potential committal of the named bank executives to jail for their alleged contemptuous actions.</p>
<p dir="ltr">The case is set for mention on September 2, 2025, when the court will decide whether to proceed with contempt proceedings against KCB Bank, its Group Chief Executive Officer Paul Russo, Cornelius Wangila Sikuku, and George Njoroge Muiruri of Phillips International Auctioneers. The outcome of this hearing could have significant implications for the enforcement of court orders and the accountability of financial institutions in Kenya.</p>
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