REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE’S COURT AT MILIMANI COMMERCIAL COURTS

IN THE MATTER OF DISTRESS FOR RENT UNDER THE AUCTIONEERS ACT

NO. 5 OF 1996 RULE 9 [A – C] OF 1997

AFFIDAVIT

I, MR. KENNEDY NGUMBAU MULWA t/a WHITESTONE AUCTIONEERS declares

that I am an adult male of sound mind and therefore competent to swear this affidavit.

THAT I am licensed Class “B” Auctioneer under the Auctioneers Act No. 5 of 1996, Rule
( {a-c} of 1997, annexed hereto and marked KNM 1 is a copy of my license.

THAT on 17th day of August 2001 I received instructions from M/S SWALEH KANYEKI &
COMPANY ADVOCATES, acting on behalf of the Landlord MR. ISMAIL MZEE to levy
distress against the goods of JOHNSON KIETI MAWEU t/a J. K. STORES L. R. NO.
909213, MACHAKOS to recover rent arrears amounting to Kshs. 109, 857/= (read
Kenya Shillings One Hundred Nine Thousand Eight Hundred Fifty Seven Only). Annexed
hereto and marked “KNM 11’” is a copy of the letter of instructions.

THAT on the 18th day of August, 2001 I did a proclamation of all the goods which I
found lying within the tenant’s premises (Annexed hereto and marked “KNM 111” is a
copy of the Proclamation].

THAT on the 25th day of August, 2001 I went back to the said premises with a view to
removing the goods I had already proclaimed but found the same locked intact.

THAT I made several attempts and still found the premises locked intact. I enquired
from the tenant’s neighbours who confirmed to me that the premises had been
involved for the last two weeks.

THAT in view of the above it is evident that I have been unable to gain entry into the
said premises to effect this distress and, I therefore humbly request this Honourable
court to authorise me to break into the premises occupied by JOHNSON KIETI MAWEU
t/a J. K. STORES situated on L. R. NO. 900213, MACHAKOS to levy distress for
accumulated rent arrears amounting to Kshs. 109, 857/= (read Kenya Shillings One
Hundred Nine Thousand Eight Hundred Fifty Seven Only) together with any costs under
supervision of the officer commanding MACHAKOS POLICE STATION and/or his officers
of or above the rank of Assistant Inspector.

THAT upon entry into the tenant’s premises I shall distrain enough goods to recover the
rent arrears together with my costs of this distress as the law directs.

THAT what is stated herein above is true to the best of my knowledge, information and
belief.

SWORN by the said )

KENNEDY NGUMBAU MULWA ) ……………………………..
at NAIROBI this day of ) DEPONENT
2001. )
)
BEFORE ME )
)
)
)
)
)
)
COMMISSIONER FOR OATHS )

RESIDENT MAGISTRATE

AUTHORITY UNDER THE AUCTIONEERS ACT NO. 5 OF 1996 [RULE 9 {A-C} OF 1997
Breaking authority into premises occupied by JOHNSON KIETI MAWEU t/a J. K.
STORES, L.R. NO. 900213, MACHAKOS.
THIS is to authorize you KENNEDY NGUMBAU MULWA to break into the premises
occupied by JOHNSON KETI MAWEU t/a J. K. STORES, L.R.NO. 909213,
MACHAKOS in the presence of Officer In-Charge MACHAKOS POLICE STATION
and/or his officers of or above the rank of Assistant Inspector and remove goods
enough for the purpose of auctioning the said goods by yourselves, if the tenant
JOHNSON KIETI MAWEU t/a J. K. STORES L.R. NO. 9009213, MACHOKOS fails
to pay Kshs. 109,857/= being rent arrears plus costs of this distress.

NOTE: THIS authority does not authorize you/landlord to evict the Tenant from the suit
premises.

GIVEN under my hand and seal of the court this day of

2001.

RESIDENT MAGISTRATE