Evicting a tenant lawfully in Kenya

Landlords frustrated by unpaid rent sometimes lock tenants out, cut off water or remove doors. These “self-help” evictions are unlawful and can expose a landlord to damages. The correct route depends on the tenancy.

Residential tenancies

• Protected tenancies under the Rent Restriction Act (for dwelling houses below the statutory rent threshold) are handled by the Rent Restriction Tribunal.
• Other residential tenancies are governed by the lease and general law: give the notice the lease requires, then seek a court order if the tenant does not leave.

Business premises

For controlled tenancies under Cap. 301, the landlord must serve a notice in the prescribed form, giving at least two months, and stating the reasons. The tenant may refer the notice to the Business Premises Rent Tribunal, which decides whether termination is justified.

Recovering rent arrears

Options include:

• a demand letter,
• distress for rent through a licensed auctioneer, subject to the law and procedure, and
• a claim in court — the Small Claims Court handles claims up to KES 1 million.

Good practice

• Use a written tenancy agreement.
• Keep a rent ledger and copies of all notices.
• Never remove a tenant’s property without a court order or lawful distress process.

This article is general information, not legal advice on your situation.

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