If you want to know how to evict a tenant in Kenya, the first question is which law covers the tenancy, because the notice period and the forum change with it. For a shop, hotel or restaurant on a controlled tenancy, the landlord must serve a notice in the prescribed form and it cannot take effect in less than two months. For an ordinary monthly residential tenancy outside the rent control law, the minimum notice under the Land Act is one rental period, ending on a rent day. The cheap rent-controlled houses have their own tribunal and their own grounds.
In every case, you do not remove a tenant by force, by cutting the water or by taking off the door. You give proper notice, and if the tenant does not leave, you get an order.
Three tenancies, three sets of rules
Residential, rent-controlled. The Rent Restriction Act (Cap 296) applies to dwelling houses with a standard rent of up to KSh 2,500 a month. Above that it does not apply. Under section 14, no order for possession can be made unless one of the listed grounds exists, such as unpaid rent, nuisance, damage to the premises, or the landlord needing the house for their own family. Disputes go to the Rent Tribunal for the area, set up under section 4 of the Act.
Business premises on a controlled tenancy. The Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301) covers shops, hotels and catering premises where the tenancy is unwritten, or written for five years or less, or can be ended within five years for reasons other than breach. A shop let month to month with no written lease falls inside it. Disputes go to the Business Premises Rent Tribunal.
Everything else. A flat or house let at more than KSh 2,500 a month, on a written agreement or a monthly arrangement, is outside both Acts. The tenancy agreement governs, together with the Land Act 2012. If there is no agreement in writing and the tenant pays rent monthly, section 57 treats it as a periodic tenancy, and either side may end it with notice "not less than the period of the tenancy", expiring on a day when rent is due. If the agreement says three months' notice, give three months.
How many months notice to evict a tenant in Kenya
- Controlled business tenancy (Cap 301): at least two months after the tenant receives the notice, or longer if the lease requires it, unless both sides agree in writing to less. Section 4 also requires the notice to state the grounds and to ask the tenant to reply in writing within one month whether they will comply.
- Monthly residential tenancy outside rent control: at least one month, expiring on a rent day, unless the agreement says more.
- Breach of a lease, including unpaid rent: before forfeiting a lease, section 75 of the Land Act requires a written notice of at least thirty days that names the breach and, where it can be fixed, gives the tenant time to fix it.
What a valid notice looked like in one 2023 case
In Ndirangu v Ong'ondo, decided by the Business Premises Rent Tribunal on 19 January 2023, a landlord at Santon, Kasarani served a termination notice dated 15 June 2022, to take effect on 1 September 2022. The grounds were breach of the tenancy terms and the landlord's wish to use the premises herself.
The tribunal found the notice valid because it gave the two months Cap 301 requires. The tenant had not filed a reference with the tribunal to oppose it, so the notice stood unopposed. The tribunal ordered vacant possession and directed the local police to assist with compliance.
The useful detail for a landlord abroad is the paper trail. The landlord won because the notice was in time and in writing, and the tenant missed the window to object.
Why changing the locks is a mistake
When rent stops, it is tempting to tell the caretaker to lock the gate, cut the water or take the door off. Do not.
- For rent-controlled houses, section 23 of the Rent Restriction Act makes it an offence for a landlord to deprive a tenant of water, light or other services without the tribunal's consent.
- Under section 73 of the Land Act, a lessor can re-enter by walking in only where nobody is in occupation. Where the tenant is still there, forfeiture has to be enforced through the court.
- Any lock-out or removal done by a caretaker on your instruction is done in your name. If it ends in a complaint at the police station or a claim for damages, you are the landlord in the case.
How to evict a tenant in Kenya from abroad, step by step
- Get the documents in one place. The tenancy agreement, the rent ledger, bank or M-Pesa records of payments, and any messages about arrears. If the caretaker keeps the ledger, ask for a scanned copy now.
- Work out which law applies. Rent level, type of premises and the length of the agreement decide it. If you are unsure, an advocate can tell you in one consultation.
- Have an advocate draft and serve the notice. For Cap 301 tenancies the notice must be in the prescribed form. Ask how it was served and get proof of delivery.
- Write to the tenant yourself as well. A short email or message confirming the notice and the date gives you a record that does not depend on the caretaker.
- Diarise the deadlines. Under Cap 301 the tenant has one month to reply and can refer the notice to the tribunal. Note the date the notice takes effect.
- If the tenant does not leave, go to the tribunal or court. Your advocate files. You may be able to give evidence by affidavit and attend virtually, but ask.
- Only enforce under an order. Any eviction should happen on the date and in the manner the order allows.
Proposals to replace these rent laws have been discussed in Kenya for years. Before you serve notice, ask your advocate to confirm what is in force that week.
Questions people ask
Can I evict a tenant for not paying rent? Yes, unpaid rent is a ground under the Rent Restriction Act and a breach under any lease. You still need proper notice and, if they stay, an order.
Can my caretaker serve the notice? The caretaker can deliver it, but an advocate should prepare it, and you want proof of when the tenant received it. The notice period runs from receipt.
How do I evict a stubborn tenant in Kenya who ignores the notice? File with the right forum: the Business Premises Rent Tribunal for controlled business tenancies, the Rent Tribunal for controlled houses, and the courts for other tenancies. Then enforce the order you get.
Is there an eviction notice sample I can use? Cap 301 notices must follow the prescribed form, so a generic template from the internet may not be valid. Ask an advocate for the correct form for your tenancy.
Where Karibu fits
Before you let the unit again, you can ask bRRAIn what similar units are asking in the area, so the new rent is set from evidence and not from the caretaker's guess. If an agent will find the next tenant, Karibu checks whether they are licensed on the EARB register.
Send your advocate the agreement and the rent ledger this week, before the arrears grow another month.
Sources: Rent Restriction Act (Cap 296), sections 2, 14 and 23. Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301), sections 2 and 4. Land Act 2012, sections 57, 73 and 75. Ndirangu v Ong'ondo, Business Premises Rent Tribunal, 19 January 2023. This article is general information, not legal advice. Speak to an advocate about your situation.