Nairobi — Nandi Senator Samson Cherargei has called for investigations into the alleged involvement of police officers in the seizure and repossession of property from defaulting borrowers and their guarantors in Mosoriot Village, Chesumei Sub-County.
Raising the matter in the Senate, the lawmaker expressed concern over reports that on January 16 and 17, 2026, officers from Mosoriot Police Station allegedly raided homes and confiscated dairy cows over unpaid debts.
The Senator said the reported actions have sparked anxiety among residents and raised fundamental questions about the legality of police participation in what are essentially civil debt recovery processes.
"We must establish whether the police acted within the law or whether there was abuse of authority in what appears to be a private financial dispute," Cherargei said.
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He has now sought a comprehensive statement detailing the status of investigations into the incidents, including the agencies leading the probe, timelines for completion, and any interim or final findings.
The Senator further demanded clarification on whether the officers' involvement in the seizure of livestock complied with existing legal and procedural frameworks governing enforcement of debt obligations.
Should investigations confirm misconduct, Cherargei wants details of any disciplinary, administrative, or criminal action taken against the officers involved.
He also asked for data on similar complaints lodged with the National Police Service and the Independent Policing Oversight Authority, including findings and the status of investigations in each case.
Legal Debt Recovery Mechanism
The Civil Procedure Act and the Civil Procedure Rules provide the legal mechanism for enforcing court decrees, including attachment and sale of property. Once a lender obtains a court judgment against a debtor, execution may proceed through court-sanctioned processes such as warrants of attachment carried out by licensed auctioneers.
The Auctioneers Act regulates the conduct of auctioneers, who are the legally mandated agents for repossessing property pursuant to court orders or valid security agreements. Auctioneers are required to issue proper notices and adhere strictly to laid-down procedures.
In cases involving secured lending, such as where property is pledged as collateral, the Land Act and the Movable Property Security Rights Act outline the rights of lenders and borrowers, including statutory notices that must be served before repossession.
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Importantly, police officers are not debt collectors. Their role in civil disputes is limited and typically confined to maintaining law and order during lawful execution processes. They are not legally empowered to initiate or carry out seizures of property without a valid court order or lawful authority.
Legal experts have consistently warned that using police to enforce private debt obligations without proper court sanction may amount to abuse of power and violation of constitutional protections on property rights under the Constitution of Kenya.
Safeguards and Oversight
Cherargei has called for clarity on safeguards in place to prevent misuse of police authority in civil debt recovery matters and whether gaps exist in enforcement mechanisms.
He emphasised that citizens must be protected from potential abuse of state power in private financial disputes.
"Law enforcement agencies must operate strictly within the confines of the law. We cannot allow intimidation or unlawful seizures under the guise of debt recovery," he said.
