23 Feb 2022 in Senate:
Mr. Speaker, Sir, I am in serious business when I say we need One Kenya Alliance. I mean it because that is the kind of talk we need when we are in this Chamber. We must put Kenya in front and not behind.
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23 Feb 2022 in Senate:
The cost of living is no longer a joke. Kenyans are angered by the cost of living. It is a problem that is bedeviling many Kenyans. Sadly, what I was seeing on Twitter and
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23 Feb 2022 in Senate:
is that we have all become complainers. We in leadership are supposed to be the ones providing solutions and yet from the President to the Members of the County Assemblies (MCAs), we are all complaining. You will find the Head of State complaining on run-away corruption and placing the blame somewhere, yet they have the instruments of power to deal with corruption. Members of Parliament are twitting that we should bring down the cost of living and yet we were elected to do this job. Mr. Speaker Sir, I like what Sen. Sakaja said that we must take practical steps ...
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23 Feb 2022 in Senate:
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23 Feb 2022 in Senate:
Thank you, Madam Temporary Speaker, for the opportunity and thank you, Senate Majority Leader for ambushing me to second this very important Bill. Those who understand management and practice of landlord and tenant know that the legal regime regulating this sector at the moment is fragmented. We have three laws that regulate this sector. These are the Distress for Rent Act; Rent Restrictions Act; and Landlords and Tenants Act, which deals with Shops, Hotels and Catering Establishments Act. These three laws are the ones regulating the relationship between landlords and tenants. The first responsibility of this Bill is to create ...
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23 Feb 2022 in Senate:
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 ...
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23 Feb 2022 in Senate:
residential premises, and twenty-four months, in the case of business premises has lapsed since, the date- (a) of the last rent increase for that tenant in the rental premises, if there has been a previous increase. There is limitation of period within which a landlord can increase rent. If it is residential, he or she cannot increase rent within the first 12 months since tenant has leased the property. If it is business premises, there must be guarantee of two years of payment of that rent. Thereafter, you now give two months’ notice and three months’ notice respectively. However, in ...
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23 Feb 2022 in Senate:
There are provisions of what the limit of that notice is so that you cannot wake up and say you do not like his face or say you do not want Indians or Maasais to live in the premises. I have seen some of our colleagues campaigning in their counties saying they do not like people of this tribe, this community and all that. Those are grounds unaccepted in the Constitution. The same way there must be limits as to why. If I am meeting all the conditions of tenancy, it would be discriminatory for you to just wake up ...
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23 Feb 2022 in Senate:
extension behind there that has been sublet to somebody else. Some people rent premises and then they sublet to another person to carry out business. It is common. If the tenant is not aware of the same or it is not part of the tenancy agreement to sublet then, it can be a basis. It can also be terminated by the landlord if he wants to demolish and reconstruct the building and so forth or by operation of law. That is where there is a new law or Government policy that has changed or has been acquired by the State ...
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23 Feb 2022 in Senate:
miscellaneous provisions, including the role of the Cabinet Secretary with the approval of the Parliament setting categories of premises that may not operate in the Act. A few amendments will be required. Among them, we have membership of the Tribunal and the role of county governments. The Cabinet Secretary has been given the responsibility to establish premises that can be exempted and those that cannot. The exemptions should be approved by the National Assembly. I believe the committee will look at it. The approval should be done by both Houses of Parliament, just like all other miscellaneous regulations and subsidiary ...
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