- As much as it is the obligation of a tenant to pay for the house they have rented, the landlord can not arbitrarily evict them from their premises
- Lawyer Willis Otieno alias Piki Piki Ponki said that landlords need court orders to evict tenants besides an eviction notice of at least 30 days
- The lawyer said tenants that have been illegally evicted and cannot afford a lawyer can get free legal representation from organisations like National Legal Aid Services and Kituo Cha Sheria
- Otieno said that landlords too could invoke the Distress for Rent Act to allow them seize property of tenants to compensate for arrears
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Shelter is a basic need that many Kenyans, especially in urban centres cannot easily afford and this sometimes results to conflicts between landlords and tenants.
House shortage in Kenya
According to habitat for humanity, Kenya has a yearly demand of 250,000 housing units against a supply of approximately 50,000 units, resulting to an annual deficit of 2 million units or 80%.
This highlights why the current Kenya Kwanza administration under President William Ruto, like previous regimes has prioritised the affordable housing agenda that has been received with mixed reactions by Kenyans.
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At the back of these statistics, many Kenyans have found themselves in a row with their tenants or landlords over rent arrears or increment and TUKO.co.ke sought to find out what the law says about evictions and seizing of belongings in such scenarios.
Piki Piki Ponki lawyer
Lawyer Willis Otieno alias Piki Piki Ponki told TUKO.co.ke that tenants have an obligation to pay rent to their landlords as agreed but in case they are unable to raise the required amount after some time they may be evicted by the house owner.
He however, clarified that a landlord cannot arbitrarily evict a tenant from their premises over arrears, adding that they need an court order to execute eviction.
"Under Section 8 of the Rent Restrictions Act, before a landlord evicts you from the house, they must get an order from court to execute the eviction. This however, does not save you from the obligation of paying rent," he explained.
Eviction notice in Kenya
Therefore, a landlord needs to give their tenants a notice of at least 30 days before evicting them from their premises, according to the lawyer.
"A landlord must give notice before evicting a tenant. A reasonable notice period would be 30 days notice equivalent of duration of the lease.
"Further before any such eviction the landlord has to get an eviction of order from the court before carrying out such an eviction. Proceedings can be filed before the rent restrictions tribunal or the ordinary court depending on the lease," expounded Otieno.
Landlord and Tenant Act of Kenya
According to the lawyer, a tenant who has been unlawfully evicted can seek redress at the tribunal or the courts by filing a matter before the tribunal.
"You can file a tribunal against eviction and you can get orders to allow you to gradually clear the pending arrears. A tenant who is unfairly evicted has a legal recourse before the courts where he can claim damages and compensation," explained Otieno.
He advised that Kenyans who are unable to pay lawyers to help them file such matters can get help from the National Legal Aid Service which provides legal aid services to indigent, marginalised, and vulnerable persons.
Legal Aid Act Kenya
"The national legal aid program can assist an indigent litigant who cannot afford to pay fees. There are also other organisations like Kituo Cha Sheria, Haki Jamii and others that provide legal aid for deserving cases," added the Advocate of the High Court.
On the other hand, landlords can engage the Distress for Rent Act to retain property of tenants who owe him rent.
"They can file for distress for rent and if their matter merits they can take your belongings and sell them to compensate for the pending rent arrears," he stated.
The rent arrears issue was common during the COVID-19 pandemic when many Kenyans lost their jobs or had their salaries deducted, and while some were pardoned by their landlords, others were forcibly evicted against the law, but could not do anything because of lack of awareness.
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