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{
    "id": 1108048,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1108048/?format=api",
    "text_counter": 519,
    "type": "speech",
    "speaker_name": "Gatanga, JP",
    "speaker_title": "Hon. Joseph Nduati",
    "speaker": {
        "id": 13338,
        "legal_name": "Joseph Nduati Ngugi",
        "slug": "joseph-nduati-ngugi-2"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker, for giving me a chance to also make my contributions to the Bill. From the onset, I support the Bill. I have looked at the establishment and powers of the tribunal and I have seen who the tribunal will be composed of. I have also seen the qualifications of the three members, one shall have expert knowledge of matters relating to valuation of premises. We need to change this one to expert in estate management. The powers being given to the tribunal are enormous. They are good because they will be able to manage any dispute between any landlord and the tenant. I am happy that when it comes to rent chargeable in respect of premises where there are some shared facilities like water, light, sweeper, watchman and other services, the tribunal will be able to fix the service charge. This is a very good Clause because we have seen some facilities where people are sharing facilities and some people do not want to pay. It has been a challenge especially with office buildings where people are enjoying water, electricity, maintenance of lift and they do not want to pay. It is good that it has been captured. Hon. Temporary Deputy Speaker, I am happy that it has also captured that the tribunal will have powers to enable the landlord to make additional facilities to the building. However, the only sad thing about it is that it has been provided that the landlord will have powers to evict tenants especially when he wants to renovate the building or make any additional facilities. This one can be abused. We have seen it where a landlord wants to increase rent and he will come up with funny things that he wants to demolish the building. It is important that we protect the tenant. The powers of the landlord are also enormous. The powers given to the landlord to increase rent and to determine new rent within 12 months especially for rental buildings is a short time. I would propose that we make it about two years. Again, the provision to increase rent based on inflation is not a good proposal because we have seen that, sometimes, the Central Bank of Kenya (CBK) announces a rate which does not affect everything. It does not mean that rent should go up because inflation has gone up. This has been demonstrated very well in the construction industry. The Kenya National Bureau of Statistics (KNBS) has said that some things have gone up but, when you check the prices of some of materials, you find that they have gone down. A good example is cement. For the last 10 years, the price of cement and prices of a few other construction materials have been coming down but, as a country, we have not been able to enjoy that benefit. Inflation should not be a good guide to increase rent. Again, Clause 17 says: “For the purpose of this section, a landlord may increase rent if the capital expenditure carried out is necessary to protect and restore the physical integrity of the rented premises.” Such a provision can be abused because we know many people in this country construct buildings without seeking approval from professionals. So, it does not mean that it will lead to an increment in rent when you improve the integrity of your building. Again, the idea of increasing rent because you have improved or structurally altered the premises, decorated or improved the drainage is not a good case for increasing rent. This is something we need to review. Regarding improvement of drainage, what if a landlord had not initially done his job well? Why would it lead to an increment in rent? What if the sewerage system was not properly done? Why should it lead to an increment in rent? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}