Wednesday, 23rd February 2022

Madam Temporary Speaker, I beg to lay the following Papers on the Table of the Senate, today 23rd February, 2022. Report of the Auditor-General on the financial statement of Nyeri County Elimu Fund for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Gatanga Community Water Scheme for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Taita-Taveta County Emergency Fund for the year ended 30th June, 2020;

Report of the Auditor General on the financial statement of County Assembly of Taita-Taveta Car Loan Scheme for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Taita-Taveta County Datu Sawazisha Fund for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Mathira Water and Sanitation Company Limited for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of County Assembly of Turkana Car and Mortgage Fund for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Turkana County Biashara Fund for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Turkana County Education and Skills Development Fund for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Turkana County Emergency Fund for the year ended 30th June, 2020;

Report of the Auditor-General on the financial statement of Gatundu Water and Sanitation Company Limited for the year ended 30th June, 2020;

Hon. Members, we will defer Orders Nos. 8, 9 and 10. We will go ahead with Order No. 11.

Thank you, Madam Temporary Chairperson. I beg to move- THAT the Bill be amended by deleting clause 2 and substituting therefor the following new clause – Amendment of section 22 of No. 24 of 2011.2. Section 22 of the Elections Act is amended by deleting subsection (1) and substituting therefor the following new subsection –

It does not need to be seconded.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. The Title and Clause 1

The Division will be at the end. We are now reporting progress. Sen. Murkomen, you may have the Floor.

Madam Temporary Chairperson, pursuant to Standing Order 148, I beg to move that the Committee of the Whole do report progress on consideration

Division will be at the end. The Title and Clause 1 (Question that the Title and Clause 1 be part of the Bill, proposed) The Division will be at the end. We are now reporting progress. Sen. Murkomen, you may have the Floor.

of the Elections (Amendment) Bill, Senate Bills No. 42 of 2021 and seek leave to sit again tomorrow.

Madam Temporary Speaker, on behalf of the Chairperson, I beg to report progress that the Committee of the Whole has considered the Elections (Amendment) Bill (Senate Bill No.42 of 2021) and seek leave to sit again tomorrow.

Madam Temporary Speaker, on behalf of the Chairperson, I beg to report progress that the Committee of the Whole has considered the Elections (Amendment) Bill (Senate Bill No.42 of 2021) and seek leave to sit again tomorrow.

Senate Majority Leader, proceed.

Madam Speaker, I beg to move that the House do agree with Committee in the said report and ask Sen. Seneta to second.

Madam Temporary Speaker, I second.

Hon. Senators, for the convenience of the House, we are going to skip Orders Nos.12, 13, 14 and 15.

Madam Temporary Speaker, I beg to move that the Landlord and Tenant Bill (National Assembly Bills No.3 of 2021) be now read the Second Time.

This is a very important Bill. It was published on 12th February, 2021, passed by the National Assembly and referred to the Senate on 21st December, 2021.

The Bill seeks to introduce a legal framework which balances the interest of landlords and tenants in a free market economy by ensuring that landlords earn reasonable income from their investments in housing and also protect the tenant.

Additionally, the Bill consolidates the laws relating to the renting of businesses and residential premises and seeks to regulate the relationship between the landlord and the tenant.

Currently, Madam Temporary Speaker, there are three main types of legislation that regulate the relationship between a landlord and the tenant. They include the Rent Restriction Act, Chapter 296; The Distress for Rent Act, Chapter 293, Laws of Kenya; and, The Landlord and Tenant Shops, Hotels and Catering Establishment Act, Chapter 301 of the Laws of Kenya.

Madam Temporary Speaker, tenant and landlord disputes are inevitable. Despite the most mutually beneficial relationship between them, disagreements arise for various reasons. In most cases these disputes have to do with tenant rights, responsibilities to repay rent, eviction and several other conflicts.

For this reason, this Bill seeks to introduce some far-reaching provisions that address the interest of both the landlord and the tenant. For instance, the Bill makes

provision to allow rent to be determined by mutual agreement. Where there is no mutual agreement, a tribunal on application by either parties will determine the rent based on the comparable premises within an area.

Madam Temporary Speaker, Clause 3(1) of the this Bill says: “(1) This Act applies to—

provision to allow rent to be determined by mutual agreement. Where there is no mutual agreement, a tribunal on application by either parties will determine the rent based on the comparable premises within an area.

Madam Temporary Speaker, Clause 3(1) of the this Bill says: “(1) This Act applies to—

Proceed, Sen. Murkomen.

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 have the qualification of being a judge and vice chairperson one who has practiced law for more than five years.

The responsibilities of the Tribunal are listed. What is notable in this law is that the Tribunal has a responsibility to make a decision within three months. It recognizes that you cannot use mechanisms for delay to deny a particular member right to continue collecting rent from his premises.

It also gives the power to the Tribunal to issue orders of injunction to a member who may want to get orders to stop evictions from a premise. This is a very progressive provision of the law. There is provision of how to appoint, administer Tribunal, the roles of the chairperson and vice chairperson and how to remove a member from the Tribunal.

There are General Provisions related to what is the permitted increase of rent. You cannot just wake up and tell a tenant tomorrow to pay a certain amount the following day. First, there is permitted increase as required. The law says a landlord shall not increase the rent payable by a tenant for rented premises unless the landlord gives the tenant at least 90 days written notice of the intention to do so.

That gives you enough time to say you no longer want to live in that premise and can move to another. That provision will have the landlord’s intention, amount of increase. Any increase established by the law that is going to be given without the three- month notice is declared void. That is where the tenant can resort to the Tribunal to be able to get the necessary orders.

The landlord may also increase rent in accordance with this Clause if he has carried out the necessary capital investment in the property or has provided new services. Sometimes, that is the reason why landlords increase rent. Maybe, security has been increased, CCTV cameras have been installed or perhaps there is an increase of supply of services, for example, water and security which was being paid by the members. Those are some of the grounds that may lead to increase of rent.

Of course, most of the increases are usually linked to the cost of living. If the cost of living becomes high, the landlord is force to do so.

The law also provides for notice of termination, which is that the landlord or a tenant may give notice to terminate the tenancy agreement. You must be clear about which premises, the date which, the tenancy will terminate and it must be at least two months in case of residential premises and three months in case of business premises. Again, you must give three months’ notice. The notice must be signed and presented in person or through the agent.

There are other limitations to increase of rent that is provided for by the law. Clause 20 of the Landlord and Tenant Bill, provides that-

“A landlord who is lawfully entitled to increase the rent charged to a tenant for premises may do so only, if at least twelve months, in the case of

residential premises, and twenty-four months, in the case of business premises has lapsed since, the date-

residential premises, and twenty-four months, in the case of business premises has lapsed since, the date-

agree on how much should be paid, but not referring to the Tribunal for them to determine and take a sample of the area and force you, the landlord, who instead of putting a tile that costs Kshs300 per square metre, put one that cost about Kshs10,000 per square metre, but you are forced to charge what a neighbour who used a tiles that cost Kshs300 is charging.

I do not think that is fair to either the landlord or the tenant. I will be seeking an amendment. I hope the Senate Majority Leader will look into that and consider making those changes.

Clause 18(1) states as follows- “A landlord shall not increase the rent payable by a tenant for rented premises, unless the landlord gives the tenant at least 90 days’ written notice of the intention to do so.” Let us go back to the initial covenant. If you want to rent my premise, we agree that it will be for a period of time, say three years, and I am going to charge you “X” amount of shillings. I have no business increasing rent within the first three years. It will be sealed for those three years. If I intend to renew the lease agreement, then at that point in time, we can discuss whether I am going to increase or reduce the rent. I think this Clause also needs to be amended.

Clause 18(2) states- “The notice to be given under subsection (1) shall be in the prescribed form and shall specify the-

agree on how much should be paid, but not referring to the Tribunal for them to determine and take a sample of the area and force you, the landlord, who instead of putting a tile that costs Kshs300 per square metre, put one that cost about Kshs10,000 per square metre, but you are forced to charge what a neighbour who used a tiles that cost Kshs300 is charging.

I do not think that is fair to either the landlord or the tenant. I will be seeking an amendment. I hope the Senate Majority Leader will look into that and consider making those changes.

Clause 18(1) states as follows- “A landlord shall not increase the rent payable by a tenant for rented premises, unless the landlord gives the tenant at least 90 days’ written notice of the intention to do so.” Let us go back to the initial covenant. If you want to rent my premise, we agree that it will be for a period of time, say three years, and I am going to charge you “X” amount of shillings. I have no business increasing rent within the first three years. It will be sealed for those three years. If I intend to renew the lease agreement, then at that point in time, we can discuss whether I am going to increase or reduce the rent. I think this Clause also needs to be amended.

Clause 18(2) states- “The notice to be given under subsection (1) shall be in the prescribed form and shall specify the-

Sen. Cherargei, proceed

This is a very important Bill to those of us who own property or rentals and Kenyans who live on our property will need the protection of the law.

The Senate Majority Leader is working very hard to ensure that there is expeditious handling of the Bills that originate from the National Assembly. I wish that the same could be replicated at the National Assembly whenever we have Bills that originate from the Senate. That has been our contention since we moved to court the other time. I hope that the Senate Majority Leader will also ensure that the way we are prioritizing, giving adequate and rare high-level wisdom like that of Senator Ledama Olekina on the matters that are before the House, the National Assembly must also give adequate attention to our Bills so that we complement each other.

Madam Temporary Speaker, I have a few comments about this Bill because it is straightforward. These are things that have been done in terms of tenants and landlords. We are just establishing a legal framework that will guide and ensure that there is protection of the law. Most of the people who own rental properties, residential homes and other many places and now we have ownership of sectional properties where there is sharing of clubs, swimming pools, stairs, or the open spaces within apartment in the city and other towns within the country. This guides and gives appropriate framework which should be done in good faith on the engagement of the tenant’s agreement and should always be done in good faith.

There is also the issue of the rent increment and reduction of rent increment. This became a challenge during the COVIC-19 period. We saw a number of Kenyans lose their jobs and some of them could not sustain to pay the rent. In spite of this, some unscrupulous landlords went ahead and increased rent. It is good now that the law has provided that at least ninety days, that is, around three months. When a landlord has an intention of increasing rent of residential property and other properties, he should give adequate notice. That is very important because one interesting thing in this country that is currently under discussion is the issue of the increase in food prices. Income, such as salary will remain constant but the expenses will keep on going up.

You can imagine if someone was paying Kshs10,000 for a property or a residential home or where they live and maybe their salary is around Kshs30,000. With the caveat of three months, it can give an opportunity to that person to relocate so that they can look for affordable housing. This stop-gap measure is very important. Sometimes, the landlords in our small towns and villages can frustrate you. They wake up one day and say that your rent is no longer Kshs1,500 and that your new rent is Kshs2,500. You can imagine the horror that such a family goes through to adjust with the hard economic times.

On the reduction of the rent, we saw a number of landlords of goodwill in Kenya and across the world reduce house rent during the COVID-19 pandemic. Some of the landlords gave rent reliefs of up to three months while others ensured that there was a decrease in house rent as well. I like the wording of Clause 21. It states that-

“A landlord shall decrease the rent to the tenant if the tenant ceases to provide any prescribed services with respect to the tenant’s occupancy of the rental promises”. Madam Temporary Speaker, landlords are very good people when you are moving into their houses. They will tell you that we will be mowing your grass, weeding your flowers, washing your cabro pavements, provide security by having a watchman at

the gate and providing garbage collection services. After sometime when they are comfortable, after taking your money, you have paid deposits, you have paid your rent for maybe two or three months, the landlord disappears na anakuwa mteja when in some cases they have taken payment for utility such as electricity and water. Before you know it, you were already misled because there was a misrepresentation of facts. The landlord was excited and wanted you to rent their property while promising Heaven but failed to deliver.

According to this Bill, when you are paying your rent, you know the services that will be provided. Apart from the rentals, there will be other additional services that will be provided. When you move in, a landlord can promise to paint your house in a month's time or fix other fixtures in the house but they fail to do so. I am pleased that this has been covered by Clause 21.

Madam Temporary Speaker, the clause on powers and appointment of tribunal are procedural issues. There is nothing much I can add. The powers that the tribunal has been given in the Bill have always been there. This has assisted in providing for litigation.

Clause 27 of the Bill states- “A landlord may by notice terminate tenancy if the landlord in good faith requires position of the premises for occupation of the landlord, the spouse of the landlord, the child or the parent of the landlord,” The date of notice for such shall be at least 60 days. However, I think that it should be 90 days so that you do not wake up one day to inconvenience tenants when we all know the inconvenience of moving to a new house. Maybe where you live had proximity to your place of work. It will be unfair to give such a tenant only two months’ notice. It will be better if we maintain the notice period at ninety days so that it will be convenient to the tenants.

It is okay if the landlord wants the house for the child or the spouse but the timeliness should be three months or 90 days. This time, in my view, is sufficient to even get an area that has proximity to public facilities like schools, churches or mosques.

If a tenant is given three months’ notice, you have enough time to look for a church or mosque or church that is proximate for your prayers. If you live far from the church or mosque, your prayers may take long to reach Heaven. Tenants would like to relocate to areas where their spiritual nourishment, access to utilities like supermarkets and other facilities are available.

Clause 28 states that- “A landlord may give notice for termination of tenancy if he requires possession of the premises in order to demolish.” This has been the biggest problem. That is where creation of infrastructure which are called forest evictees, internally displaced people, but there is the biggest menace in this Republic called infrastructural evictees where they either want to demolish the premises or residential you are using to expand the roads. However, how they do it is unfortunate. Houses and homes have been demolished without due regard of the law. That is where the growth of infrastructure evictees emanated from.

The threat to this country is no longer the forest or political evictees who are popularly known as Internally Displaced Persons (IDPs). The biggest menace in this country is infrastructural evictees. It is very unfair when you wake up one day and find

that people have been displaced. It is good to build roads, public utilities and hospitals but you must also be fair and have due regard to the law.

Therefore, the 120 days which is four months, is sufficient. Not unless somebody has grabbed land and there is an issue, so that they can demolish it at night. As a country, we need to move away from this. Four months or 120 days is very important so that we prevent the creation of infrastructural evictees.

Madam Temporary Speaker, you may remember that some people were evicted in Ruai and other areas outside the city, during the Corona Virus (COVID-19) pandemic.

Another aspect that has become a challenge especially to “hustlers”, is the payment of goodwill. I do not know where that thing emanated from, especially in business premises. The people are paying goodwill in Kisumu and Nairobi cities as well as Eldoret and many other big towns.

Madam Temporary Speaker, you will find a young person has maybe taken money from the Youth Fund and wants to rent some space in the Central Business District (CBD). The rent may be Kshs40, 000 or 50,000. The landlord then demands goodwill of Kshs2,000,000.

This is what the Senate Majority Leader needs to look at because most young people cannot do business because of the goodwill. This is an issue that must be addressed once and for all. I know many young people who are in business but I do not know where this culture of goodwill running into millions of shillings came from. A friend of mine wanted to lease a property – not even to buy it – to do business within Eldoret Town. He was told to pay Kshs6 million. It left me wondering where a startup business is supposed to get this money. This will assist us to stop unorganised or illegal demolitions, violation of property and many others.

Madam Temporary Speaker, I agree with Clause 29. In some estates in Nairobi City County, you will rent a residential house and before you know it, it is a club where people club or pray. I do not mean that prayers are bad. However, you were living in a residential home but before you know it, there is kesha or a club. This happened a lot especially during the COVID-19 pandemic. I agree on the termination for illegal reasons.

Madam Temporary Speaker, there are estates where even drug and human trafficking is happening. It is important to have these powers for termination notice.

The other important thing is damage to property. Sometimes you rent your property and when you go for a routine check, you find the toilet and plants have been destroyed. There is the right to possession by the tenant. The issue of criminal elements, be it drug trafficking or using residential areas as bars is uncomfortable. Those powers are very important and especially when they are legal.

The fifth point is on re-assigning and subletting. The biggest victim of such incidences is normally the former Municipal or county government houses. You find a grandson living in the same house where his father and grandfather lived. This is happening in cities and towns like Nairobi and Eldoret, in what used to be town council or municipal council houses. You will be amazed to find five generations of one family living in a public house.

Madam Temporary Speaker, there should be a law to guide that. Some people have even turned these public houses into their homes. This also includes the Kenya Railways houses.

(Loud music) Madam Temporary Speaker, I hope that it is not within the Chamber. It looks like there are people who are playing twisti. I hope that music does not affect recording of the HANSARD. It is outside of the Chamber, though.

I was on the importance of a law to guide residency in the former municipal council houses. You can imagine the police are always involved when those people are being removed. This is especially for the Kenya Railways houses. In fact, the people living in those houses build mabati structures as a form of extension to the main house. Before you know it, they have relocated their whole clan and want to take forceful possession of such property. I do not know how we will handle this.

Regarding offences, we need to be specific. For instance, saying forfeiting one month’s rent would be punitive enough. It is important that offences become specific and punitive so that it is deterrent.

In Clause 62, I know the National Assembly Majority Leader might argue that it is because the Cabinet Secretary (CS) makes the policy. They might say the National Assembly but why do they not say Parliament? The Senate Majority Leader, we will need to amend this.

What is it, Sen. Olekina?

What is it, Sen. Olekina?

improper motive, that I have been traversing the country campaigning for “Azimio ya Kuzimia”, when he knows very well that his own team is clearly referred to as “Kenya Kwisha”?

Sen. Cherargei, restrict yourself to the Order.

Sen. Cherargei, restrict yourself to the Order.

Mr. Temporary Speaker, Sir, he is making it worse. There was no point of order there. I just meant that this law is good. Any presidential candidate should tell the country what they will do.

The biggest problem around this city – it looks like “Kuzimia” do not know what is happening - is that most people have challenges of tenancy on rented property. I wish Sen. Olekina well. I did not mean that he has abdicated his duties. I only wanted Baba to notice that you are campaigning for him.

I support with amendments.

Proceed, Sen. (Rev.) Waqo.

It means that the Commission shall appoint a chairperson of the tribunal and it explains how that is done. That means it will be under good guidance and all shall be put into consideration.

Part IV is the General Provisions relating to the tenancy and mutual agreement. Clauses 18 to 20 set limits, conditions and procedures on the matter in which landlords may increase rent payable by tenants. This means there will be control over that.

The Bill further issues the manner in which a notice of termination maybe undertaken in Clause 19. Clause 21 outlines the condition under which the landlord shall decrease rent and services charged to the tenant.

If you critically go through this, it will really favour the tenants and all will benefit. I believe that when this is approved and implemented, Kenyans will celebrate this Bill that concerns the common citizens.

I support.

It means that the Commission shall appoint a chairperson of the tribunal and it explains how that is done. That means it will be under good guidance and all shall be put into consideration.

Part IV is the General Provisions relating to the tenancy and mutual agreement. Clauses 18 to 20 set limits, conditions and procedures on the matter in which landlords may increase rent payable by tenants. This means there will be control over that.

The Bill further issues the manner in which a notice of termination maybe undertaken in Clause 19. Clause 21 outlines the condition under which the landlord shall decrease rent and services charged to the tenant.

If you critically go through this, it will really favour the tenants and all will benefit. I believe that when this is approved and implemented, Kenyans will celebrate this Bill that concerns the common citizens.

I support.

to wait for three months yet you are the one paying for the mortgage, is a big challenge. Let us also consider the timeframe that is given. We also know that in Kenya most of the payments, especially in terms of loans, are done monthly.

If the interest continues to pile because you are waiting for the tribunal to settle your issue and you do not have any other source of income to replenish when it comes to the property you took using a loan, then you will suffer.

Speaking from both sides, we also have rogue landlords or property owners who frustrate these tenants. Probably, the tenant’s job was terminated because of one reason or another and has no saving or income as a breadwinner, and there is some misunderstanding.

This Bill will solve so many issues here. It is always good for people to think about what is being brought to the table and whether it is guided by this framework. This will assist both parties to agree and ensure there is proper understanding.

The tribunal needs to understand that there are people who need to pay rent as well as those who need to pay for the loans of the properties. My problem is on the timeframe. A period of a month or two months’ notice for termination should be reconsidered. Other than the 90 days stated here, unless otherwise, it is very important.

I urge that based on this framework we are making; landlords should collapse them into a small agreement that is signed by both parties when the leasing of the property is done.

It is important for people to realize that those properties are owned by people. When they are collapsing them into an agreement, they should agree on either side that any circumstance can change the agreement. However, sticking to the law is very important.

I support the Bill. It will help Kenyans especially in situations like the COVID-19 pandemic, which distract the normal living of not only Kenyans, but people across the world.

Mr. Temporary Speaker, Sir, I support.

Thank you, Mr. Temporary Speaker, Sir. I want to declare from the onset that I have both interests. I am a tenant and a landlord; I can speak from both platforms. Historically, I have lived as a tenant in Nairobi for many years. I have lived nearly everywhere in Nairobi. I have lived in Dandora, Huruma, Umoja, Kibra, Ndumbuini, Lavington, Karen, Runda and Langata.

I am, therefore, familiar with the challenges of either being a tenant or a landlord. I also own a few properties in and out of town. I, therefore, have the experience of a landlord.

Mr. Temporary Speaker, Sir, the purpose of legislation, specifically this one, is to minimize the friction and dispute that is prevalent between landlords and tenants. This is a key achievement in a society that is developing.

We know that ownership of property, particularly where tenancy is required, is an investment many Kenyans or people within and outside Kenya, particularly, our people in diaspora, aspire to. Therefore, they need stability in this sector.

We know that one of the areas of high potential is housing. The Government now has a policy on low-cost housing. That will definitely give rise to multiplicity of tenancies.

Mr. Temporary Speaker, Sir, I stand to support the Bill. This Bill has a lot of improvement and amendments. This Bill cuts across the agreement of the two parties, especially where the tenant and the landlords are to discuss the issues they face in terms of service provided. It is very important for us to support this Bill. I speak as one of the people who have been both a tenant and a landlady. There are so many challenges that need mutual agreements governed by the law, especially when it comes to payments. Mr. Temporary Speaker, Sir, there are so many challenges that came especially during COVID-19 pandemic, which we have experienced globally in the past few years. Most of the tenants were rendered jobless and unable to pay their rents. At the same time, it also affected the owners of the properties who had probably taken mortgages to pay for their properties. Some of the regulations that were brought about by the pandemic have been lifted and people are attaining statuses of living. However, we still have “rocky” tenants who do not want to feel for the landlords; that as the situation resumes they pay for the services being rendered by the landlord. We still have those tenants who sit in the houses and claim that the situation still prevails. Kenya has reclaimed its glory and has moved on when it comes to the pandemic. Many people have resumed work and we have changed the way we were living. Tenants need to respect the property owners because the property owners are still paying for those services. I like the Clauses that have been put there; that there is mutual agreement, consideration and all that appertain to the Tribunal that have been put across. I wonder about the dispute resolution period of three months. If you are a landlord the law states that you have been given three months to settle or agree on what is to take place. Within those three months, we have a landlord who is being surcharged interest on the mortgage that they have taken. What about them? Should they go ahead and stop the courts or banks from increasing the interest rate or vice-versa? If you get a rogue tenants who is not paying the rent and you are supposed to pay the mortgage, then you are at a loss. You have somebody staying in your property, but they are not considering your suffering because you wanted the rent to pay the mortgage. I find that a bit hard. Having

to wait for three months yet you are the one paying for the mortgage, is a big challenge. Let us also consider the timeframe that is given. We also know that in Kenya most of the payments, especially in terms of loans, are done monthly.

If the interest continues to pile because you are waiting for the tribunal to settle your issue and you do not have any other source of income to replenish when it comes to the property you took using a loan, then you will suffer.

Speaking from both sides, we also have rogue landlords or property owners who frustrate these tenants. Probably, the tenant’s job was terminated because of one reason or another and has no saving or income as a breadwinner, and there is some misunderstanding.

This Bill will solve so many issues here. It is always good for people to think about what is being brought to the table and whether it is guided by this framework. This will assist both parties to agree and ensure there is proper understanding.

The tribunal needs to understand that there are people who need to pay rent as well as those who need to pay for the loans of the properties. My problem is on the timeframe. A period of a month or two months’ notice for termination should be reconsidered. Other than the 90 days stated here, unless otherwise, it is very important.

I urge that based on this framework we are making; landlords should collapse them into a small agreement that is signed by both parties when the leasing of the property is done.

It is important for people to realize that those properties are owned by people. When they are collapsing them into an agreement, they should agree on either side that any circumstance can change the agreement. However, sticking to the law is very important.

I support the Bill. It will help Kenyans especially in situations like the COVID-19 pandemic, which distract the normal living of not only Kenyans, but people across the world.

Mr. Temporary Speaker, Sir, I support.

provided; to the extent that it is defining the process of appointment of tribunals to hear such disputes and that it decrees that rent should be regulated to cushion people of low income from arbitrary hikes in rent, I think the Bill is wonderful.

Mr. Temporary Speaker, Sir, I want to applaud Members of the Senate who are supportive of this Bill. I join them and say that this should go on record as an act of patriotism and magnanimity on the part of the Senate in so far as protecting Kenyans of low income, if we pass this piece of legislation.

With those few remarks, I thank the Senate Majority Leader for moving this Bill in line with what the law says. We should debate it having come from the National Assembly.

Thank you, Mr. Temporary Speaker, Sir.

It is important that the Senate and the National Assembly, dabbed “Parliament”, come up with a long-lasting solution to minimize this friction. If you go to court and tribunals, you will find that they are clogged by frequent disputes arising from such relationships. Therefore, this Bill is timely. I hope that when it is fully implemented, we will unclog the Judiciary and the tribunals with disputes that would have otherwise been unnecessary.

Secondly, when there are disputes between tenants and landlords, there is likely to be suffering. The landlord may have borrowed money by way of mortgage to finance an investment or gotten into an arrangement of financial nature that requires repayment.

If the tenant-landlord relationship gives birth to a dispute, there could be foreclosure, suffering or loss of investment on the part of the landlord. With loss of investment, there could be loss of family income leading to instability in families, hence children may drop out of school and so on and so forth.

On the other hand, when the relationship between the tenant and the landlord goes south and it is the tenant on the receiving end, there could be loss of shelter, comfort and many other things.

I want to appreciate those who have brought this Bill from the National Assembly. They are led by our Senate Majority Leader, Sen. Poghisio, whom we share a lot of history with, including ethnic ancestry of Nilotic nature. Therefore, this is one Bill that I call upon my colleagues to support unreservedly.

Mr. Temporary Speaker, Sir, you may find that because of lack of a smooth relationship between the two parties, there are other third parties called brokers, auctioneers, estate agents and so many intermeddlers, including lawyers, who take advantage of the relationship to encourage and make a living out of the dispute. This unnecessary altercation and fights between the two parties is a waste and suffering that can be avoided.

I am happy that there is a good attempt that is worthy of our support to address this wastage. There is a good attempt in this piece of legislation to address arbitrariness on the part of landlords, to try and squeeze more money from tenants and get more income from people who may be vulnerable without regarding the fact that there is inflation and generally difficulties and challenges.

The aspect of this Bill that mandates or decrees that in order to raise rent, there has to be a process, a form of hearing, engagement and other considerations is highly welcome.

Those of us - as I described myself earlier - who have been tenants all over this City and in other places, know what it means when there is arbitrary increase in rent and arbitrary eviction. I mentioned that I am still a tenant. I have an office somewhere in Elgeyo-Marakwet Road for which I pay rent. I am happy with my landlord because during the difficulties of COVID-19, he became flexible and decreased part of the rent. After COVID-19, now we have now gone back to where we were. A few of the people who I am privileged to call my tenants, we also had similar arrangements.

However, we cannot run such an important sector on the basis of goodwill of two people. We must understand that inherent in any and every relationship are potentials for dispute, misunderstanding and suffering.

This Bill is timely and to the extent that it provides for expeditious resolution of such disputes; to the extent that it provides for steps through which increase in rent is

Hon. Senators, I, therefore, defer putting of the question to that Order until this afternoon.

Hon. Senators, there being no other requests, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I beg to reply. It is always gratifying when a Bill is supported 100 per cent. I thank Senators who have supported the Bill, spoken and given their opinion on the Bill. Everybody has given it a nod.

I thank Sen. Murkomen who seconded the Bill; Sen. Olekina who spoke and made a good number of comments on it and wanted some things re-looked at; Sen. Cherargei, Sen. Waqo, Sen. Shiyonga and Sen. (Dr.) Ochillo-Ayacko, who also has made very strong comments, including giving his own example, which is a very practical way of debating. I thank all of them.

This Bill tries to combine three different legislations into one and make it easier for us to deal with landlords and tenants issues. The issues that have been discussed here are as old as we can remember. The laws have been in existence for such a long time.

Mr. Temporary Speaker, Sir, even where there are no laws, tribunals come up in the villages and places where there are not actual tribunals and there are people who can resolve some of these issues. However, this now brings in an official involvement of one tribunal being the standard.

For those who have misgivings, I suggest to them that they should look at this document in detail. They should also remember that this document requires that regulations be made, and that is where the crack is going to be. The issue is going to be in the regulations.

I, therefore, recommend that we pass the Bill as is. If possible, during the moments of subsidiary legislation, we can have what is required. I say that because if you look at the Schedule of the Bill, you will find details on the relationship on what the roles of the tenant and the landlord are. The leasee and the lessor have all been given specific responsibilities. This makes it easier to put together three different laws.

With those few remarks, Mr Temporary Speaker, Sir, I would like to thank the Members who have contributed. Pursuant to Standing Order 61 (3) , I request you to defer putting of the question to a later date.

Mr. Temporary Speaker, Sir, I beg to reply.

Hon. Senators, I, therefore, defer putting of the question to that Order until this afternoon.

Hon. Senators, Order Nos.12, 13, 14 stands deferred.

Sen. Pareno is not in the Chamber to execute Order No.15. The Bill is, therefore, dropped.

Hon. Senators, there being no other Business, it is now time to adjourn the House. The Senate, therefore, stands adjourned until today, Wednesday, 23rd February, 2022, at 2.30 p.m.

The Senate rose at 12.08 p.m.