Eviction and landlord notices in Kenya

Under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301), a tenancy of shop, hotel or catering premises is controlled if it is not reduced to writing, or runs for less than five years, or may be terminated within five years other than for breach. Low-rent residential premises may instead fall under the Rent Restriction Act (Cap. 296). Everything else is an ordinary tenancy governed by its agreement and the general law.

A controlled tenancy under Cap. 301 requires the landlord to give at least two months' notice in the prescribed form, stating the grounds; the tenant may object by referring the notice to the Business Premises Rent Tribunal, and the tenancy continues until the reference is determined.

An ordinary residential tenancy takes its notice from the agreement. Where the agreement is silent, notice matching the rent cycle is the usual position — a month for a monthly tenancy. Rent arrears do not shorten the notice the agreement requires.

Changing locks, removing doors or roofing, cutting water or power, or carting away a tenant's goods is not eviction; it is a wrong the tenant can sue on. Levying distress for rent is regulated by the Distress for Rent Act (Cap. 293) and must go through a licensed auctioneer under proper process. Article 40 of the Constitution 2010 protects property, and Article 47 requires fair administrative action where a public body is involved.

Business Premises Rent Tribunal for controlled tenancies under Cap. 301; Rent Restriction Tribunal for tenancies within Cap. 296; otherwise the Magistrates' Court or the Environment and Land Court, depending on the value of the claim and whether title or an interest in land is in issue.

How much notice must a landlord give a tenant in Kenya?

For an ordinary residential tenancy the notice is what the tenancy agreement provides, and where it is silent, a period matching the rent cycle — commonly one month for a monthly tenancy. For a controlled business tenancy under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301), the landlord must give at least two months' notice in the prescribed form, and the tenant may refer it to the Business Premises Rent Tribunal.

Can a landlord in Kenya lock a tenant out or take their property?

No. A landlord cannot evict by changing locks, cutting water or electricity, or removing a tenant's goods. Recovery of rent by distress is regulated by the Distress for Rent Act (Cap. 293) and must be done through a certified auctioneer under a court process; self-help eviction exposes the landlord to a claim.

Which tribunal handles landlord and tenant disputes in Kenya?

Controlled business tenancies go to the Business Premises Rent Tribunal under Cap. 301. Low-rent residential tenancies falling under the Rent Restriction Act (Cap. 296) go to the Rent Restriction Tribunal. Other tenancy disputes are filed in the Magistrates' Court or the Environment and Land Court depending on value and subject matter.

What is a controlled tenancy in Kenya?

Under Cap. 301 a controlled tenancy is a tenancy of shop, hotel or catering premises that is not in writing, or is for a term of less than five years, or contains a provision for termination within five years other than for breach. Controlled tenancies carry the two-month notice and tribunal protections.