REPRIEVE FOR KUSCO AS COURT SUSPENDS FURTHER AUCTION OF ASSETS WORTH SH OVER 108M.

Cibber Njoroge
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Kenya Union of Savings and Credit Co-operative Limited has been granted orders stopping the ongoing aution.

This is after Lawyer Cecil Miller moved to court under certificate of urgency seeking to stop P.C.E.A RUIRU CO-operative Savings and Credit Limited further auction in Sh 108.8 Million dispute.

The Church had extracted warrants dated January 19,2026 and had commenced excecution against KUSCO carrying out proclamation on January 28,2026.

“KUSCO filed an urgent application dated January 26,2026 seeking a Stay of excecution pending the hearing and determination of the pending application dated January 9,2026 and the matter was slated for hearing on February 11,2026 and no orders leaving the application exposed,”said Miller in his application for Stay.

Lawyer Miller had argued that unless thevorders are granted,the excecution and auction will continue leading to irreparable loss and devastation to the applicant,leaving them exposed.

In an application for stay,Lawyer Miller said it is in the interest of justice,fairness and the preservation of KUSCO’s lawful rights that this application be treated with utmost urgency and interim relief be granted without delay,to prevent irrepable loss.

Judge Linus Kassan sitting at the high court has issued orders suspending that auction for 30 days pending the hearing of that application in court.

“The application dated January 27,2026 is certified as urgent and censequently,stay of excecution granted for 30 days from today,Service be done within 2 days,interpartes hearing on February 12,2026,”Ruled Judge Linus.

In the suit, The execution comes from a decree issued by the Co-operatives Tribunal in CTC No. E226 of 2024, in which KUSCCO was ordered to pay P.C.E.A Ruiru Sacco a total of Sh108.8 million.

The amount comprises Sh88.95 million in principal sums, Sh13.34 million in interest, Sh6.08 million credited as payments on account, alongside taxed costs and collection fees.

Following the Tribunal’s decision delivered on May 28, 2025, the respondent extracted warrants of attachment dated January 19, 2026 and instructed Immediate Auctioneers to seize and sell KUSCCO’s movable assets to recover the outstanding decretal amount.

Auctioneers subsequently issued proclamation notices at KUSCCO’s premises on January 21, 2026, paving the way for an auction scheduled for later this month.

In court filings, KUSCCO, through lawyer Cecil Miller, warned that the imminent sale of assets valued against the Sh108.8 million decree would occasion substantial and irreparable loss, disrupt its operations, and render both its pending applications and substantive appeal nugatory.

The union’s Group Managing Director, Arnold Munene, told the Court that earlier applications for stay had not attracted interim orders because execution was not imminent at the time.

KUSCCO plays a central role in Kenya’s cooperative movement, representing and supporting SACCOs across the country. The outcome of the case is expected to be closely watched by players in the cooperative sector, given the potential implications on debt recovery and governance within SACCO institutions.

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