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{
    "id": 1110882,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1110882/?format=api",
    "text_counter": 522,
    "type": "speech",
    "speaker_name": "Suba North, ODM",
    "speaker_title": "Hon. (Ms.) Odhiambo-Mabona",
    "speaker": {
        "id": 376,
        "legal_name": "Millie Grace Akoth Odhiambo Mabona",
        "slug": "millie-odhiambo-mabona"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity. I stand to support this Bill but with proposed amendments. I know many Members in this House are both tenants and landlords; some are only landlords while others are only tenants. So, we have a mix in this House. The most important thing is to make sure there is a balance so that those who invest are encouraged to invest more, and those who rent are protected because that is a right under the Constitution. It is part of the social and economic rights. Hon. Temporary Deputy Speaker, I just want to briefly comment on some of the positive provisions of this law and some of the areas in which I will be proposing amendments. First, I am happy that the definition of the word “to let” includes sub-lets. There are many people who are struggling. Our current reality is that many people are sub-letting both business and residential premises. Therefore, it is important that we recognise that a person who sub-lets is also considered as letting. In Clause 7(1), the three months for the conclusion of matters before the tribunal is positive. I know other Members have spoken to it. This is so that we do not have cases going on forever before the Rent Tribunal. It is also people-friendly because it provides that the tribunal shall not give undue regard to technicalities. That, therefore, means that when you go before the tribunal, you do not need to have a lawyer or be an expert. That is very positive especially if you are dealing with people who pay little rent. One other thing that I find positive is that the tribunal is able to undertake matters suo moto or on its own initiative. Many times - especially now with social media - there are many negative cases that are highlighted on social media. In such cases, the tribunal can take action without either of the parties necessarily raising the issue, which is a good thing. The three months’ notice before increase of rent is good for both parties, namely, the landlord and the tenant, so that we do not have unscrupulous ways in which landlords sometimes visit upon tenants. The termination of tenancy for defaulting for three consecutive months is also a good one. There are also grounds which are very good. However, I notice that Clause 27(1)(b) clashes with Clause 25(1)(c). I will be proposing amendments. Clause 44(3) protects those who are sub-letting because it provides that if the main tenant terminates the tenancy, the person that has been sub-let is presumed to automatically be a landlord of whoever takes over. That is a good thing because like I said, many Kenyans are struggling and so, many people are in sub-tenancies. Clause 58 provides that there will be no eviction without a court order. However, I wish that we could also add that there should be no removal of doors, evicting people at night or throwing out people with children. Those are very terrible practices that many landlords follow. We know times are hard but we are still human beings and need to behave in a humane manner. One of my proposed amendments is to Clause 3(1) on what excepted premises are. We need to be clear about that. We also seem to be giving the Cabinet Secretary a lot of powers without regulations. Wherever we give the CS powers, we need to say that it is by regulation. The tribunal also needs to have regional and gender representation as well as representation of the youth and persons with disabilities. If we leave it open even though the Constitution provides for that, many times women are left out. 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."
}