Athanas Misiko Wafula Wamunyinyi

All parliamentary appearances

Entries 201 to 210 of 1297.

• 29 Sep 2021 in National Assembly: guilty and convicted but the conviction is not custodial, you are fined Ksh5 million, you pay, go home and continue working, you cannot be removed. That is what this law is saying. It is important that, that is revisited. We should look at this in the Committee of the whole House and improve this part of this Bill. The other part I looked at is Clause 25 which I found also to be wanting a bit. It requires that a landlord shall be entitled to terminate tenancy without reference to the tribunal upon the following grounds: One of the grounds ... view
• 29 Sep 2021 in National Assembly: Thank you, Hon. Temporary Deputy Speaker, for reminding me. I stand guided. If you have to give notice of 24 months, if you wanted to renovate or to do something else for yourself, 24 months is a long period. It should be reconsidered also. For both the tenant and landlord to have a fair deal, this needs to be looked into. Otherwise, this Bill is good… view
• 29 Sep 2021 in National Assembly: Thank you very much for that one minute, Hon. Temporary Deputy Speaker. As I was saying, it is important that this Bill is enacted. There has been a gap. We have not had good laws governing tenant-landlord relationship. This comes at a time when we seriously need to have that harmonised. Therefore, I support this Bill and we will be preparing to bring some amendments during the Committee of the whole House. With those remarks, once again, thank you very much, Hon. Temporary Deputy Speaker. view
• 29 Sep 2021 in National Assembly: Thank you very much, Hon. Temporary Deputy Speaker for giving me the opportunity to speak on this Bill relating to landlords and tenants in 2021. This is a very important Act of Parliament, which seeks to amalgamate the laws relating to the renting of premises and residential premises; regulate the relationship between the landlord and tenant in order to promote stability in the rental sector and to establish tribunals to provide adjudication of disputes and for connected purposes. I must say this Bill ought to have been brought before this House many years ago. Therefore, I thank the Leader of ... view
• 29 Sep 2021 in National Assembly: Colleagues have mentioned a number of areas which should be considered as we appreciate that this Bill is going to bring order within the sector. It is going to introduce amendments which are geared to ensuring fair play. That both the landlords and tenants have a fair treatment of each other and that each of them is benefiting from the relationship. While the landlord has invested 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. view
• 29 Sep 2021 in National Assembly: and is providing premises for use, either for residential or for business; the tenant is also benefitting from that investment. Therefore, it should be a two-way relationship that while the tenant benefits, the landlord should also benefit. There is something about VAT. I do not know how this can be calculated in relation to the law that we are deliberating on. This is the question of VAT on rent, where landlords are required to charge VAT on rent that is paid by tenants. There are cases where it is normal and good for taxation to take place and for people ... view
• 29 Sep 2021 in National Assembly: The other issue which I thought is important and has been mentioned by colleagues is the determination of disputes. Our courts in Kenya are so disturbing. There are cases that have lasted for ten years regarding land, property, family disputes, shootings because of land or whatever causes. Some cases have taken so long. Unless cases such as those before the Tribunal are determined without delay, they cause suffering to both parties, namely, the tenant and the landlord. It is pleasant to see that a timeline of three months has been provided within which the Tribunal must determine the disputes. view
• 29 Sep 2021 in National Assembly: The other Clause which is also important is clarification on issues of goodwill. Goodwill has been paid by people who are taking on a certain property. When you pay for goodwill, it means that there is an existing goodwill. If you take on a property, you compensate whoever has been there for goods, clientele, maintaining the premises and so on. However, where it is a newly- constructed property along Moi Avenue or whatever street, before any tenant gets in, they must pay goodwill. It is an unfair practice which must be checked. view
• 29 Sep 2021 in National Assembly: I looked at Clause 13 regarding the removal of a member of the Tribunal. One of the conditions which were given for removal under (b) is if one is convicted of a criminal offence and sentenced to a term of imprisonment. However, I ask myself - and I will be seeking clarification - suppose you are charged in court with a serious criminal offence and are convicted, not to imprisonment, but to a fine of Ksh5 million and you pay? Does it now make you clean because you paid a fine and, therefore, you continue working? What does it imply? ... view
• 29 Sep 2021 in National Assembly: The other part I looked at is Clause 25 which I found also to be wanting a bit. It requires that a landlord shall be entitled to terminate tenancy without reference to the Tribunal upon the following grounds: One of the grounds they are saying is that the landlord has given prior notice of not less than 24 months. view