Businessman seeks court to block sale of city apartments over alleged contempt by KCB
Rukwaro, through his lawyers, argues that on August 13, 2025, the bank's advocate gave an implied undertaking to the court that the apartment would not be sold until September 19, 2025, when a ruling on his application to stop the sale was due.
The High Court has been asked to stop the sale of a Riverland Apartments unit in Nairobi after KCB Bank Limited and its officials were accused of breaching an undertaking not to dispose of the property before a pending ruling.
In a case filed under certificate of urgency, James Mwangi Rukwaro, the plaintiff, claims that KCB, its Group Chief Executive Officer, Paul Russo, Cornelius Wangila Sikuku, and George Njoroge Muiruri of Phillips International Auctioneers acted in contempt of court by purporting to auction his home, Apartment No. A5, Riverland Apartments on LR No. 330/695—on August 22, 2025, despite a court order.
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Rukwaro, through his lawyers, argues that on August 13, 2025, the bank's advocate gave an implied undertaking to the court that the apartment would not be sold until September 19, 2025, when a ruling on his application to stop the sale was due.
He contends that the auction and subsequent attempt to credit his bank account with Ksh 1 million, allegedly from the proceeds, amounted to blatant contempt.
"The respondents have deliberately disobeyed the authority of this court by purporting to auction my home despite an express undertaking not to do so," Rukwaro states in his application.
Quoting past judgments and rulings of the Court of Appeal, Rikwaro insists that the dignity and authority of the courts must be upheld, and that deliberate disobedience of court orders cannot be condoned.
The application seeks declarations that the auction was void for being conducted in contempt, orders compelling the respondents to reverse the transaction, and sanctions, including fines and committal of the bank executives to jail for contempt.
Rikwaro also wants the respondents compelled to halt any further dealings with the property until the substantive case is heard and determined.
The matter is scheduled to be mentioned on September 2, 2025, when the court will determine whether the defendants should face contempt proceedings.
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