The Auctioneers (Practice) Rules

Legal Notice 143 of 2009

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Citation
Legal Notice 143 of 2009
Primary work
Auctioneers Act
Date
31 December 2022
Language
English
Type
Legal Notice
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LAWS OF KENYA

AUCTIONEERS ACT

THE AUCTIONEERS (PRACTICE) RULES

LEGAL NOTICE 143 OF 2009

  • Published in Kenya Gazette Vol. CXI—No. 84 on 25 September 2009
  • Commenced on 25 September 2009
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1.These Rules may be cited as the Auctioneers (Practice) Rules.
2.(1) These Rules shall apply to and bind all auctioneers.
(2)Every practising auctioneer shall sign, subscribe to and bind themselves to them upon registration.
3.No auctioneer shall hold out or allow himself to be held out, directly or indirectly, and whether or not by name, as being prepared to do professional business at less than the scales laid down by the Auctioneers Fee Schedule for the time being in force.
4.No auctioneer shall agree to share with any person, not being an auctioneer or other fully qualified agent practising in the country, his costs in respect of any business:Provided that—
(a)an auctioneer carrying on practice on his own account may agree to pay an annuity or other sum out of profits to a retired partner or predecessor or the dependant or legal personal representatives of a deceased partner or predecessor; and
(b)an auctioneer may agree in consideration of a salary to be employed by an Auctioneer.
5.No auctioneer employed by an unqualified person shall execute instructions within the scope of his licence or render services to his employer for which fees are charged directly or indirectly by his employer from any other person and retained by that employer.
6.All auctioneers shall execute all instructions with decorum while abiding by the Act and rules made thereunder.
7.No auctioneer shall, by way of paying court fees or any sort of consideration, be it monetary, material or otherwise, influence the issue of any instructions whatsoever to himself.
8.No auctioneer shall execute instructions explicitly directed to another auctioneer unless the instructing party and the auctioneer to whom the instructions are directed formally amend and countersign the said instructions in the name of the auctioneer whom they wish to execute those instructions.
9.Auctioneers shall ensure that they attain the best value for goods sold at auctions conducted in execution of instructions given under the Act.
10.(1) Every auctioneer shall be a member of a registered auctioneers’ association and shall pay the requisite entry and annual subscription stipulated in the constitution of the association.
(2)A licence to an auctioneer shall be issued by the Auctioneers Licensing Board subject to production of proof of payment of the annual subscription fee to the association referred to in subregulation (1) for the year for which the license is applied.
(3)All auctioneers shall be expected to attend a minimum number of workshops, seminars or training programmes as set out and called by the Auctioneers Licensing Board in conjunction with the association.
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History of this document

31 December 2022 this version
25 September 2009
Commenced