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⚖ Order 50 • 45 Days Rule 15(d) of the Auctioneers Rules, 1997

45-Day Auctioneer Redemption Notice Before Public Auction of Immovable Property (Rule 15(d))

Upon receipt of instructions to sell immovable property, the licensed auctioneer must give the owner 45 days written Redemption Notice before advertising the property for sale.

Statutory Window

45 Days

Governed by Rule 15(d) of the Auctioneers Rules, 1997 and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (45 Days)

Upon receipt of instructions to sell immovable property, the licensed auctioneer must give the owner 45 days written Redemption Notice before advertising the property for sale.

Key Practice Questions

What happens if the last day of the 45-day period under Rule 15(d) of the Auctioneers Rules, 1997 falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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