What happens if a Cap. 301 commercial tenant refuses to pay rent in Kenya?
The landlord can pursue the arrears in the magistrate's court or High Court as a debt claim. For Cap. 301 premises, the Business Premises Rent Tribunal has jurisdiction over rental disputes. The landlord must follow proper legal process and cannot lock out the tenant for non-payment without a court order.
Is distress for rent still available in Kenya?
Distress for rent (seizing a tenant's goods to recover unpaid rent without a court order) was abolished in Kenya under the Distress for Rent Act amendment. Landlords must now use the courts to recover unpaid rent — a demand letter followed by court proceedings if necessary.
How quickly can a landlord recover rent arrears through the courts in Kenya?
A magistrate's court claim for a clear debt can result in a judgment in 3–6 months if uncontested. Enforcement (e.g. attachment of goods or earnings) takes additional time. Mediation or arbitration clauses in the lease can significantly speed up the process.