Nominated Senator Hezena Lemaletian is at risk of losing household assets following a court ruling over an unpaid debt of Ksh.447,823.77 to a landscaping contractor.

Viewline Auctioneers have issued a proclamation after securing warrants to recover the debt awarded to Silas Thuranira Muturia of Simut Logistics. The enforcement action comes after the senator's appeal at the High Court was dismissed.

The auctioneers have attached various household items, including:

  • Sofa sets
  • Television sets
  • Refrigerator
  • Microwave oven
  • Coffee table with chairs
  • Sound system
  • Gas cylinders
  • Carpets
  • Washing machine
  • Water dispenser
  • Window curtains

The notice also warns that any other movable assets, including motor vehicles found during the execution process, may be attached to satisfy the debt.

Background of the Dispute

The dispute originated from landscaping works carried out at Senator Lemaletian's residence between April and June 2023. The contractor claimed full payment had not been made for services such as excavation, retaining walls, staircases, cabro paving, planting flowers and shrubs, ground leveling, and fireplace construction.

Senator Lemaletian acknowledged hiring the contractor but contested the quality of the work, citing issues such as a collapsed retaining wall, a rebuilt staircase, an incomplete fireplace, and uncompleted tasks. She also mentioned additional costs she incurred to rectify defects.

However, the Milimani Small Claims Court ruled in favor of the contractor, noting the senator had not submitted a formal counterclaim or legal set-off. The High Court upheld this decision, emphasizing that complaints about extra expenses were not valid without a formal counterclaim.

Next Steps

Following the appeal dismissal, the contractor obtained warrants of attachment to recover the principal amount plus accrued interest and execution costs, totaling Ksh.447,823.77. The senator has been given a statutory period to settle the debt before the attached property is auctioned publicly.

Additionally, the contractor is pursuing about Ksh.224,000 in party-and-party costs from the High Court appeal process.