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{
    "id": 1110883,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1110883/?format=api",
    "text_counter": 523,
    "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": "The Seconder took note of the concern that the tribunal has very few people and cases might take long. It might even take longer when there are no lawyers. I suggest that the majority be lawyers but not exclusively. I will be proposing an amendment that two of the other three members of the tribunal should be lawyers or at least one extra member should be a lawyer. That would also help us deal with the issue of referring the matter to the High Court on issues of law. When you have a majority of lawyers, you do not need to go back and forth, except if you are going on appeal. That would reduce time wastage. We have not provided for the qualifications of the secretary to the tribunal. That needs to be provided. I agree with my brother that we need to be clear on who has responsibilities upon the termination of tenancy. Almost all the time, you find that landlords usually put very onerous provisions for tenants. I remember a time when I was a tenant somewhere and had stayed there for many years. When I finally moved, the landlord brought me a bill of Kshs70,000, which was a lot of money then. I was lucky that I was very meticulous in my record-keeping. I became too busy when I became a politician. After we went through the records, it emerged that she owed me Kshs30,000. Can you imagine what would have happened if I had not been keeping those records over a period of 10 years? They presume that you do not know. After she discovered that she was the one who owed me money, the issue became: Who should do the repairs and to what extent. I let go of that. That is the same issue regarding deposits. Landlords presume that whenever you make a deposit, it is permanent and becomes part of the rent. A deposit is just that - a deposit. It is not rent. When someone leaves, you need to return that deposit unless there is a problem. You need to leave the house in the same state you found it and if it is, the landlord should return the deposit. The deposits are also too hefty. As much as we want to rely on market forces, when the economy is doing well and the houses are all occupied, we still need to regulate. You cannot make someone pay a deposit as though they are buying your house. They are merely renting it. You cannot ask for three or four months’ deposit. For what reason? This is especially where someone is paying a lot of money for rent. We need to cushion Kenyans. The other issue is the misuse of goodwill, especially in business premises. You want to get into a business premise and someone tells you to first pay a goodwill of Kshs2 million. Do we even understand what goodwill is? In law, goodwill means that the person is handing over their customers and all that to you. You find someone who is selling a butchery wanting you to pay goodwill when you want to convert the premise into a salon. What goodwill are you giving me? I am not engaging in the same business as you are; neither are you handing over your customers to me. We need to protect tenants on the issue of goodwill. Clause 17(3) provides that fair rents should be based on rents paid on similar houses. I do not think it should just be based on the same house. It should also be based on whether the houses are in the same area and are of the same design and size. If I increase rent, it should not just be because we are in the same locality. We should factor in many other things as well. I also suggest we increase the fine from Kshs20,000 to Kshs100,000 in Clause 23. We are being too kind to landlords. I know we must balance. We have landlords and tenants here and, maybe, I am both. However, we need to be fair in both instances. I am also being kind to landlords. In Clause 25(2), the provision that for landlords to terminate a tenancy, they must first file a notice with the tribunal is too onerous on them. Clause 40(3) is poorly drafted. 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."
}