What are the legal grounds to evict a tenant under Cap. 296 in Kenya?
Under the Rent Restriction Act (Cap. 296), a landlord can apply to the Rent Tribunal for possession on grounds including: non-payment of rent, breach of tenancy terms, the landlord requiring the property for their own use or that of a close family member, the property being required for demolition, or the tenant having sublet without consent.
Can a landlord evict a controlled tenant without a Rent Tribunal order?
No. For controlled premises under Cap. 296, a landlord must obtain an order from the Rent Restriction Tribunal. Evicting a tenant without such an order, regardless of the reason, is unlawful and the landlord can face criminal liability.
What is a 'controlled' residential premises under Kenyan law?
Controlled premises are residential dwellings within the jurisdiction of a Rent Restriction Tribunal (primarily Nairobi, Mombasa, Nakuru, and other gazetted areas) with a rateable value below the prescribed ceiling. Premises above the threshold are uncontrolled and governed by the Law of Contract Act.