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"id": 1110894,
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"type": "speech",
"speaker_name": "Lari, JP",
"speaker_title": "Hon. Jonah Mwangi",
"speaker": {
"id": 13405,
"legal_name": "Jonah Mburu Mwangi",
"slug": "jonah-mburu-mwangi"
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"content": "percentages that will always press the tenants. I will bring amendments during the Committee of the whole House stage on how late payments should be handled. This is because the Bill clearly says you can give notice of termination of the contract or agreement three months before the tenancy has expired, but issues of late payment and percentages of interest are very worrying. This is because most of the landlords have a lot of power over their tenants and they will always press you. In Kenya, we are sure that there is no standard date when people are paid their salaries. Maybe in your contract, you have been told that you will receive your salary on the 1st day of the preceding month but even in Government institutions, salaries will delay. Maybe your salary will hit the account by 10th and, because of the prevailing economic situation; others may hit the accounts even by 15th. However, because you have an agreement that has said 5th, then there is a very huge rent interest that is put by the tenant. I think the tribunal should come up with regulations on how late payments should be handled or after how long. Is it a month, 15 days or 20 days? It should come up with a timeframe on when the interest should be put into effect. Generally, I support this Bill but we need to look at some amendments here and there. There is one more thing that I need to say. From the Bill, each tenant should have an annual agreement with the landlord for the period of time they intend to stay in a house. As you enter into an agreement, you will specify the rent increments rather than getting a three months’ rent increment in the middle of your stay in a landlord’s house. If I have a business premise and I have an intention of staying in that premise for five years, then it is within the five years where it is clearly stipulated how my rent will be increased by the landlord. The agreement could specify that after the first year, the landlord will increase the rent by a certain percentage, after the second year by a certain percentage and after the third year by a certain percentage. However, we should also look at the Bill again so that we cap those percentages. It will be detrimental to the tenant when he is told to increase the rent by 50 per cent in the next year when the business is not growing at that rate. A landlord who wants to push you out of his premises will most likely increase the rent after two years. The Bill should be clear on what percentage the rents should be increased. Generally, it is a good Bill. The tribunal is good but, some few polishing through amendments at the Committee of the whole House will be required, so that both the landlord and the tenant can feel as comfortable as they can. We can live harmoniously and encourage more investors to build rental houses. This Bill should be guided by market value. If most of the housing was to be done by the Government, I am sure many problems in this country would reduce. The landlord would be the Government or the private sector would reduce ownership from 95 per cent to about 70 per cent. Generally, the Bill is good and I support it with the hope that there will be amendments that will be brought to ensure it is better."
}