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{
    "id": 1164151,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1164151/?format=api",
    "text_counter": 78,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "This law establishes a tribunal to deal with disputes that may arise. In Section 4, there is establishment of Landlord and Tenant Tribunal whose jurisdiction is to ensure within the territory of Kenya--- and has a lot of responsibility to give orders. On the Tribunal, first, there is an oversight in the law. At the Committee Stage, Section 4 needs to be amended accordingly because it only recognizes the deputy chairperson of the tribunal. It does not state the other members and their qualifications. That has to be sorted out. I am glad the Bill recognizes that Tribunal chairperson must have the qualification of being a judge and vice chairperson one who has practiced law for more than five years. The responsibilities of the Tribunal are listed. What is notable in this law is that the Tribunal has a responsibility to make a decision within three months. It recognizes that you cannot use mechanisms for delay to deny a particular member right to continue collecting rent from his premises. It also gives the power to the Tribunal to issue orders of injunction to a member who may want to get orders to stop evictions from a premise. This is a very progressive provision of the law. There is provision of how to appoint, administer Tribunal, the roles of the chairperson and vice chairperson and how to remove a member from the Tribunal. There are General Provisions related to what is the permitted increase of rent. You cannot just wake up and tell a tenant tomorrow to pay a certain amount the following day. First, there is permitted increase as required. The law says a landlord shall not increase the rent payable by a tenant for rented premises unless the landlord gives the tenant at least 90 days written notice of the intention to do so. That gives you enough time to say you no longer want to live in that premise and can move to another. That provision will have the landlord’s intention, amount of increase. Any increase established by the law that is going to be given without the three- month notice is declared void. That is where the tenant can resort to the Tribunal to be able to get the necessary orders. The landlord may also increase rent in accordance with this Clause if he has carried out the necessary capital investment in the property or has provided new services. Sometimes, that is the reason why landlords increase rent. Maybe, security has been increased, CCTV cameras have been installed or perhaps there is an increase of supply of services, for example, water and security which was being paid by the members. Those are some of the grounds that may lead to increase of rent. Of course, most of the increases are usually linked to the cost of living. If the cost of living becomes high, the landlord is force to do so. The law also provides for notice of termination, which is that the landlord or a tenant may give notice to terminate the tenancy agreement. You must be clear about which premises, the date which, the tenancy will terminate and it must be at least two months in case of residential premises and three months in case of business premises. Again, you must give three months’ notice. The notice must be signed and presented in person or through the agent. There are other limitations to increase of rent that is provided for by the law. Clause 20 of the Landlord and Tenant Bill, provides that- “A landlord who is lawfully entitled to increase the rent charged to a tenant for premises may do so only, if at least twelve months, in the case of The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}