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Senator Hezena Lemaletian Faces Property Auction Over Unpaid Landscaping Contract Dispute

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Nominated Senator Hezena Lemaletian is at risk of losing household belongings after auctioneers moved to enforce a court ruling stemming from a disputed landscaping contract.

Viewline Auctioneers have served the senator with a proclamation notice following the procurement of execution warrants to recover Ksh.447,823.77 awarded to contractor Silas Thuranira Muturia, who operates as Simut Logistics. The enforcement action comes after the High Court dismissed Lemaletian’s appeal against an earlier Small Claims Court judgment.

According to the proclamation dated July 27, 2026, auctioneers have placed a lien on several household possessions, including sofa sets, television sets, a refrigerator, a microwave oven, a coffee table with accompanying chairs, a sound system, gas cylinders, carpets, a washing machine, a water dispenser and window curtains.

The notice further warns that additional movable assets, including motor vehicles discovered during the execution process, may also be seized if necessary to satisfy the outstanding decree.

The legal battle originated from landscaping services carried out at the senator’s property between April and June 2023. The contractor initiated legal proceedings at the Milimani Small Claims Court, alleging non-payment for works that included excavation, retaining wall construction, staircases, cabro paving, planting of flowers and shrubs, ground levelling and fireplace installation.

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Lemaletian acknowledged engaging the contractor but contested the quality of work delivered. She argued that the retaining wall collapsed shortly after completion, the staircase required reconstruction, the fireplace remained unfinished, and certain agreed-upon works were never executed. She also claimed to have incurred additional expenses purchasing materials and correcting what she described as substandard workmanship.

Despite her objections, the Small Claims Court ruled in favour of the contractor, noting that Lemaletian had not filed a formal counterclaim or raised a legal set-off against the amount demanded.

Her appeal to the High Court was dismissed, with the judge determining that the contractor had sufficiently proven his claim through contractual agreements and invoices submitted as evidence. The court further ruled that complaints regarding additional expenses could not invalidate the claim since they had not been properly raised through a counterclaim or set-off.

Following the dismissal of her appeal, the contractor secured warrants of attachment to recover the decretal sum, accrued interest, and execution costs, bringing the total owed to Ksh.447,823.77.

The auctioneers’ proclamation grants the senator a statutory notice period to settle the outstanding amount. Should she fail to do so, the attached property may be removed and sold through public auction.

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