Tenancy has been one of the fastest growing markets in Kenya for the last couple of decades. Statistics show that about 5 million households in Kenya live in rented dwellings which is about 40% of the population. With a growing population, growing cost of land and construction, the number of tenants in Kenya is only expected to go up. This relationship where an owner of the property gives you the right to use the property in exchange for money forms a huge part of the landlord-tenant agreement.
However, many tenants are not aware of their rights and this has made them suffer in silence in the hands of some bad landlords. Whether it’s through forfeited deposits, discrimination or arbitrary rent hikes, the truth is that tenants are perishing because they lack knowledge. That is why I have prepared this blog to make you aware of your rights as a tenant and legal channels you can pursue in case you end up being a victim.
Laws Related to tenant rights
The law is the great equalizer and regardless of your financial muscle, it is meant to protect you. Most tenants feel helpless compared to their landlords because they reckon that they might not have as much money. But I am here to tell you that in front of the law, we are all equal. I am not saying landlords are the bad guys, and in fact tenant should realize that with rights come responsibilities. So if you fail to pay your rent or uphold the property rules, the law doesn’t protect you here. Our constitution and government realized this and has set up various organs and laws to manage the relationship between landlords and their tenants.
These laws and institutions include;
- The constitution of Kenya (2010) – protects tenant rights under chapter 6 on equality
- The landlord and tenant act Cap (301) – this act puts down the rights and responsibilities of both parties
- The land act – governs the relationship between leasors and leasees
- The rent tribunal – a body that resolves disputes between landlords and tenants
- Police officers – used to enforce court/tribunal rulings where needed
Core rights of a Tenant
1. Right to privacy
Tenants have the right to enjoy their tenancy in a private space. This simply means that your landlord can’t simply come into your house unannounced. It also means that they need permission from you in case they need to check something in your unit.
2. Freedom from discrimination
Some landlords in Kenya discriminate against tenants based on their sex, nationality and even tribe. While house hunting for my clients, I have come across my fair share of this trend. I was once informed that a certain landlord was only accepting married tenants in their property.
Another caretaker informed me that they don’t rent out houses to people from a certain part of Kenya. The constitution of Kenya is clear against discrimination in chapter 6 and anyone found doing so should be reported.
3. Fair Rent & Notice
I am going to be real and candid with you, the rental market in Kenya is unregulated and with this comes a fair share of problems like unclear rental pricing. Many landlords set rent prices without a clear methodology behind the numbers.
This often leads to overcharging and exploitation of tenants who are forced to pay huge rents for properties that don’t match the price tags. This provision also protects tenants against random and unexplained rent hikes, I have done an article on this, I will link it below.
4. Right to Habitable Housing
Tenants have the right to clean and habitable living spaces that are free from any pollutants. Here in Kenya, especially for single-room properties, Landlords rarely prioritize the health and safety of their tenants.
You visit a property and just at the gate, you are welcomed by a stream of flowing sewage. Those with shared toilets and bathrooms are left un-kept which risks the health of the occupants. The constitution of Kenya under article 41 (b) stipulates what habitable housing means.
5. Right to a written Agreement
One of the most overlooked rights is having a written agreement with the landlord. It is said that if it is not on paper, it is vapor, which simply means that if there is no agreement, then it becomes a case of your word against theirs.
Always insist of getting a written agreement and on top of that, read through it to check what your rights and responsibilities are as defined in the agreement. You might take your landlord to court because of doing something you think is bad only to find out that you agreed to it in the landlord-tenant agreement without knowing.
6. Security Deposit Refund
It is your right as a tenant to receive your security deposit back if you did not destroy anything in the house. However, some landlords have frustrated their tenants by refusing to refund the deposits. If you can prove that you have returned the unit in the same way you got it, then you should get your deposit back.
Frequently Asked Questions
1. What are the five rights of a tenant as against the landlord?
A tenant generally has the right to peaceful and quiet enjoyment of the premises, reasonable security of tenure and due process before eviction, proper notice before termination where required and premises maintained.
Generally, yes, a landlord cannot simply lock a tenant out as a shortcut to eviction, and Kenyan courts have treated unlawful lockouts and evictions as actionable where the landlord has failed to follow the applicable legal process.
The appropriate forum depends on the tenancy, but disputes involving controlled business premises can be taken to the Business Premises Rent Tribunal under Section 11 of Cap. 301, while residential disputes may fall under the Rent Restriction Tribunal.
Generally, no, because where statutory protection applies the landlord must comply with the applicable notice and termination requirements, and for controlled tenancies Section 4 of Cap. 301.
