Kenya's Rent Restriction Act (Cap. 296) protects tenants in controlled areas from unlawful eviction and rent above the standard rate. A landlord who evicts without a Tribunal order commits a criminal offence.
The Rent Restriction Act (Cap. 296 of the Laws of Kenya) applies to controlled tenancies — dwelling houses within gazetted controlled areas (primarily Nairobi, Mombasa, Kisumu, and other major urban centres). Key protections: **Standard rent (ss. 2 and 4)**: Rent for a controlled tenancy shall not exceed the standard rent as determined by the Rent Restriction Tribunal. Charging excess rent is unlawful. **Unlawful eviction (s. 18)**: A landlord who evicts a tenant without the authority of the Tribunal, or wilfully subjects a tenant to annoyance with the intention of inducing them to vacate, commits a criminal offence. **No self-help eviction**: A landlord cannot change locks, remove doors, or cut utilities to force a tenant out. Any eviction must be authorised by the Rent Restriction Tribunal or the Environment and Land Court. **Tribunal**: The Rent Restriction Tribunal hears disputes about standard rent, unlawful rent increases, and unlawful eviction in controlled areas. Note: The Land Act, 2012 and the broader framework of property rights complement the Rent Restriction Act for non-controlled tenancies.
A landlord padlocks a tenant's door and removes his belongings while the tenant is at work, claiming unpaid rent. Under section 18 of the Rent Restriction Act, this is a criminal offence. The tenant reports to the police and applies to the Environment and Land Court for a court order restoring access and awarding damages.
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