David Njuguna Kiaraho

All parliamentary appearances

Entries 11 to 20 of 72.

• 5 Oct 2021 in National Assembly: Just to mention a few, one area I found to be a little bit confusing and contradicting is the issue of termination of tenancy without reference to the tribunal. Clause (25)(1) (a) states: “(1) A landlord shall be entitled to terminate a tenancy without reference to the Tribunal upon the following grounds that – (a) the landlord has given prior notice of not less than 24 months in the case of business premises, and not less than 12 months in the case of residential premises.” I stand to be corrected, because I know that most residential leases as they stand ... view
• 5 Oct 2021 in National Assembly: On the same note, looking at clause 32(2), it states about the landlord being be at liberty. I feel the landlord should be at liberty to allow or decline any subletting request without giving reasons. This is one of the areas with a lot of disputes and this issue of subletting should be scrapped from the Bill. If you look at clause 58, I feel that the landlord should be allowed to use the services of a debt collector and/or auctioneer to recover any outstanding rent arrears without seeking approval from the tribunal. view
• 5 Oct 2021 in National Assembly: As Hon. Oundo said, I think that in the 1990’s, there was a Commission constituted to look at the Distress Act, and they came up with a very well thought out document. In my view, I feel that at the Committee level, including those who contributed as we came up with this Bill, we should not water down what was achieved earlier. This is one very sensitive area and the main objective is to come up with a well harmonised document which will protect both the landlords and tenants. I feel that some of these issues need to be looked ... view
• 5 Oct 2021 in National Assembly: On the same note on the issue of timelines of dispute resolution by the tribunal, since this is very key and important considering developers who have put up these units. Let us take into consideration they have put in money and some of them are probably paying mortgages. So, the sooner these disputes are resolved the better for all the parties concerned. As I was saying in Clause 45, there is no defined timelines for provision of variation which can lessen the process to the disadvantage of both the landlord and the tenant. Given Kenya’s leadership in the digital platform, ... view
• 5 Oct 2021 in National Assembly: Thank you, Hon. Temporary Deputy Speaker, for giving me a chance to ventilate on this issue. I must say that I have looked at this Bill very keenly and submit holistically that it has very good intentions and points. I have also identified some grey areas which require streamlining. view
• 5 Oct 2021 in National Assembly: The Bill seeks to consolidate all the laws on residential and commercial tenancies, ensure regulation of this sector in Kenya and, more so, introduce a legal framework which balances the interests of the landlords and tenants aimed at promoting the sustainable growth of the rental sector in Kenya. There are some issues I identified as I went through this Bill which require to be looked into. Just as the Member who has spoken before me has mentioned, there are some areas which need to be relooked into. As we talk, I am in the process of coming up with amendments ... view
• 5 Oct 2021 in National Assembly: Just to mention a few, one area I found to be a little bit confusing and contradicting is the issue of termination of tenancy without reference to the tribunal. Clause (25)(1) (a) states: “(1) A landlord shall be entitled to terminate a tenancy without reference to the Tribunal upon the following grounds that – (a) the landlord has given prior notice of not less than 24 months in the case of business premises, and not less than 12 months in the case of residential premises.” I stand to be corrected, because I know that most residential leases as they stand ... view
• 5 Oct 2021 in National Assembly: On the same note, looking at Clause 32(2), it talks about the landlord being be at liberty. I feel the landlord should be at liberty to allow or decline any subletting request without giving reasons. This is one of the areas with a lot of disputes and this issue of subletting should be scrapped from the Bill. If you look at Clause 58, I feel that the landlord should be allowed to use the services of a debt collector and/or auctioneer to recover any outstanding rent arrears without seeking approval from the tribunal. view
• 5 Oct 2021 in National Assembly: As Hon. Oundo said, I think that in the 1990s, there was a Commission constituted to look at the Distress for Rent Act, and they came up with a very well thought out document. In my view, I feel that at the Committee level, including those who contributed as we came up with this Bill, we should not water down what was achieved earlier. This is one very sensitive area and the main objective is to come up with a well harmonised document which will protect both the landlords and tenants. I feel that some of these issues need to ... view
• 5 Oct 2021 in National Assembly: Looking at some of the issues in the Bill like timelines of dispute resolution by the tribunal, Clause 7 states that the tribunal must determine a dispute within three months, failure to which the Chairperson shall record the reasons and immediately fix a date. Even with the best intentions, the dispute resolution process can be dragged on by parties resulting into losses and inconveniences and, worse, parties intentionally breaking the law as the required process is ineffective. A suggestion is to provide a maximum of 45 days within which disputes must be resolved with the following timeframe: An applicant to ... view