In Kenya, eviction is governed by two key laws, that is, The Rent Restriction Act cap 296 and The Landlord and Tenant (Shops, Hotel and Catering Establishment Act) Cap 301. These laws cover how eviction should be handled. A landlord does not have the right to evict a tenant in any way he deems fit. Here is the procedure which a landlord should follow to evict a tenant.
First, a landlord should give you a notice of eviction. The notice is a formal written document, and it must be served directly to the tenant. The notice also varies based on the cause of the eviction and it must:
- be in a prescribed form stating the date on which the tenancy will end.
- be signed by the person issuing the notice.
- identify the premises for which the notice is given.
- set out the details and reasons for the eviction/ terminating the tenancy.
After the tenant receives the notice, he/she must vacate the premises by the end of the date stated failure to which the landlord may apply to a tribunal an order to terminate the tenancy and evict you. Before the eviction order comes out the tribunal must determine that the reasons stated for are accurate and justifiable. At the end of the day, fairness is the key whether you are a landlord or a tenant. The legal system in Kenya emphasizes this fairness in every step of the eviction process. Kenyan law is designed to protect both parties, ensuring that everyone is treated with dignity and respect.