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{
    "id": 1164171,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1164171/?format=api",
    "text_counter": 98,
    "type": "speech",
    "speaker_name": "Sen. Olekina",
    "speaker_title": "",
    "speaker": {
        "id": 407,
        "legal_name": "Ledama Olekina",
        "slug": "ledama-olekina"
    },
    "content": "Section 31(2) says a tenant may give the landlord notice of termination within 30 days after the date of the request made under subsection (1) if the tenant requests the landlord to consent to an assignment of the premises and the landlord refuses to consent. Madam Temporary Speaker, these are things that we need not to over-legislate. These are things which need to be clearly defined during the time of signing the agreement. The agreement should be very clear, that in my premises as a landlord, I do not approve any subletting. Then you as a tenant have a right to say since you do not want me to sublet, then I am not interested in renting your property. When you now give room in Section 31 to say that you should seek approval from the landlord and if he refuses, then you choose to leave the property. If you do that, you will be negating all the other terms and conditions that you agreed upon. To protect both the landlord and the tenant, the agreement must be clear from the onset that in this property, there will be no subletting or in this property, you can sublet but just notify us but the terms and conditions continue being the same as the initial tenancy agreement. Madam Temporary Speaker, to conclude this, let me reiterate on the two issues that I raised. One, has to do with the issue of how you secure the deposits. There are properties here where tenants are required to pay about six months deposit before they can occupy the premises. It could be about Kshs6 million. That is a lot of money. If that money is not protected either in either custodial or an interest bearing account, then there are chances that by the time the tenancy agreement comes to an end, there will be a big “micky mouse” sort of competition between the landlord and the tenant, when the tenant wants to get their deposit and leave. We know and have heard of so many stories where tenants do not get their deposits or landlords make it very difficult to release the deposit paid by the tenants. Instead of giving the Rent Tribunal so much power in every Bill, they should be given powers to determine whether the premises or the tenants knew the terms and conditions when they leased the house or the property To finalize is the issue of the rights of tenants. Tenants need to know that they can live anywhere they choose to live in this country and that during the period that they are occupying that house, since they are paying for that house, it is assumed they should enjoy all the rights that any Kenyan can enjoy in their own private place. This business of landlords entering into the premises as they choose must also come to an end. They can only do that - and maybe this is an amendment that we should put in - if they notify the Rent Tribunal that there is a challenge with that tenant and they seek approval to enter the premises. The premise ceases to be 100 percent owned by the landlord because there is a person who lives there and is paying for it. Otherwise, I fully support and I hope that the Senate Majority Leader who moved this Bill has taken note of the areas of concern and they can propose some amendments to make it very clear. I thank you."
}