NAIROBI – Media personality and content creator Azziad Nasenya has initiated a legal battle to prevent the auction of her apartment in Nairobi’s Kileleshwa area, valued at over Ksh20 million. In a case filed at the Commercial Court in Nairobi, Ms. Nasenya is suing a deposit-taking savings and credit cooperative society (SACCO), accusing it of illegally attempting to sell her property despite her having settled all loan arrears.

According to court documents filed on Thursday, November 6, 2025, Ms. Nasenya argues that the financial institution’s move to instruct auctioneers is premature, unlawful, and a breach of their mortgage agreement. The dispute centres on a four-bedroom apartment in the Platinum Oak Residency, which was advertised for public auction on October 8, 2025, by Okuku Agencies Auctioneers following a notice published on September 24, 2025.

Loan and Repayment Dispute

Court filings show that Ms. Nasenya secured a loan of Ksh20,389,720 from the SACCO to purchase the apartment, with a letter of offer dated April 4, 2024. A formal agreement was executed on April 16, 2024, and the property was charged to the lender in June 2024, after which it was transferred to her name. By the time the dispute arose, she had made repayments totalling Ksh897,924.68.

Ms. Nasenya admits to falling behind on payments due to what her lawyers describe as “the current economic hardships.” As of September 2025, the loan arrears amounted to Ksh1,510,035. However, she states that on September 19, 2025, the SACCO deducted Ksh2.45 million from her member savings, an amount that fully cleared the outstanding arrears. Five days later, on September 24, she was reportedly “shocked” to see the auction notice for an alleged outstanding sum of Ksh21,881,979.35.

Legal Arguments

In her legal challenge, Ms. Nasenya contends that the SACCO’s attempt to auction the property is illegal because she is no longer in default. Her plaint seeks a declaration from the court that she has no outstanding loan arrears and that the auction notice is “illegal, unlawful, and therefore null and void.”

Furthermore, she has accused the lender of undervaluing her property by advertising it as a three-bedroom unit instead of a four-bedroom apartment, an act she claims could lead to the property being sold below its market value. The court documents also assert that the SACCO failed to serve the required statutory notices under the Land Act, which is a prerequisite for exercising the statutory power of sale.

Ms. Nasenya is seeking a permanent injunction to restrain the SACCO and its auctioneers from selling, advertising, or otherwise interfering with her ownership of the apartment. She is also claiming damages for breach of contract and the costs associated with the lawsuit. The case highlights the broader issue of navigating mortgage obligations amid economic pressures, a challenge faced by many property owners in Kenya.