Browse an Act, find a provision and read each section in context.
Browse Acts ↓Where any person lets, or has let, any premises at a rent which includes payment in respect of the use of furniture, the maximum rent per annum which may be charged shall be the standard rent applicable to furnished premises and, if service is included, such service charge as may be permitted by the…
(1) Where any sum has been paid on account of any rent, being a sum which is, under the provisions of this Act, irrecoverable by the landlord, the sum so paid shall be recoverable from the landlord who received payment, or from his legal personal representative, by the tenant by whom it was paid, an…
(1) A landlord of any premises shall, on being so requested in writing by the tribunal or the tenant of the premises, supply to the tribunal and to the tenant a statement in writing as to the amount of the standard rent of the premises and if, without reasonable excuse, he fails within fourteen days…
(1) Every landlord of premises, other than premises the standard rent of which exceeds two thousand five hundred shillings per month, shall keep or cause to be kept in respect of the premises a rent book, in such form as the Cabinet Secretary may approve, and shall provide his tenant with a copy. (2…
(1) Where a landlord of any furnished premises wishes to remove the furniture or soft furnishings, or any of them, with which the premises were let, he shall apply to the tribunal for permission so to do. (2) Upon any application being made under subsection (1), the tribunal may grant the applicatio…
(1) No landlord shall, except with the prior consent of the tribunal, and no person other than a landlord shall without lawful authority, do any act whereby— (a) any tenant is or may be, either directly or indirectly, deprived; or (b) any other person is or will be enabled, either directly or indire…
(1) A tenant who, under the provisions of this Act, retains possession of any premises shall, so long as he retains possession, observe and be entitled to the benefit of all the terms and conditions of the original contract of tenancy, so far as they are consistent with the provisions of this Act, a…
Where, for the purpose of determining the standard rent, an estimate of the cost of construction or market value has been made by order of the tribunal, the tribunal shall forthwith send written notification to the landlord and the tenant, or their representatives, that the details of the estimate a…
In the absence of any provision to the contrary in the contract of tenancy, for the purposes of this Act it shall be deemed to be the obligation of the landlord of any premises to maintain and keep the premises in a state of good structural repair and in a condition suitable for human habitation, an…
Notwithstanding the absence of any covenant against the assigning or subletting of the premises, no tenant shall have the right to assign, sublet or part with the possession of any premises or any part thereof except with the written consent of the landlord or, where such consent is unreasonably wit…
(1) Notwithstanding anything contained in this Act, the tenant of any dwelling- house may— (a) with the consent in writing of the landlord (which consent shall not be unreasonably withheld), a copy whereof shall be delivered by the tenant to the tribunal; or (b) in any case where, in the opinion of…
A landlord and any agent or servant of a landlord who evicts a tenant without the authority of a tribunal or wilfully subjects a tenant to any annoyance with the intention of inducing or compelling the tenant to vacate the premises or to pay, directly or indirectly, a higher rent for the premises sh…
In and for the exercise of the powers conferred upon it by this Act, a tribunal shall have the same jurisdiction and powers in civil matters as are conferred upon the High Court, and in particular (but without prejudice to the generality of the foregoing) shall have power— (a) to administer oaths, a…
(1) A copy of any determination or order of a tribunal, certified by the Chairperson of the tribunal, or by a public officer authorized by the Cabinet Secretary by notice in the Gazette to certify such copies to be a true copy, may be filed in a court by any party to the proceedings which gave rise…
Where under this Act any summons, notice or other document is required to be served upon any person, it shall be sufficiently served on that person if it is served on him personally or, if it cannot be served, is served in such other manner as the Chairperson of the tribunal may direct.
If, on the dismissal of any application, the tribunal is of opinion that the application was frivolous or vexatious, the tribunal may order the applicant to pay to any other party to the application a reasonable sum as compensation for the trouble and expense to which that party may have been put by…
The tribunal, and any person authorized by the tribunal in writing in that behalf, may, for the purpose of carrying out its duties and functions under this Act, at all reasonable times enter upon and inspect any dwelling-house.
(1) A member of a tribunal shall be free from civil liability for anything done or said by him in his capacity as such member. (2) If any proceedings whatsoever of a civil nature are brought against a tribunal, or against any member of a tribunal, the tribunal or that member shall be represented by…
(1) The Cabinet Secretary may make such regulations, and give such directions, as he may think fit for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of the powers conferred by subsection (1), regulations under that subsection may— (a) provide for…
(1) The Chief Justice may make rules prescribing the procedure for enforcing determinations or orders of a tribunal under section 33, prescribing the time within which an appeal to a court may be brought and the procedure to be followed and the fees to be paid on such an appeal. (2) Where jurisdicti…
This Act may be cited as the Trustees (Perpetual Succession) Act.
In this Act, unless the context otherwise requires— "Cabinet Secretary" deleted by Act No. 3 of 2024, Sch.; "charitable trust" means a trust established under section 3B; "constitution" means the rules, regulations, terms and documents relating to the objects of a trust and regulating the affairs th…
(1) Any person or body of persons who have lawfully constituted themselves for the purpose of forming a trust may apply to the Registrar for a certificate of incorporation. (2) The Registrar shall within sixty days of receipt of an application for incorporation of a trust, grant or reject the applic…
(1) Unless a trust contains an express power of revocation, it shall be deemed to be an irrevocable trust. (2) A trust shall be deemed to be irrevocable if an express power of revocation has not been exercised by the settlor during the lifetime of the settlor.
(1) A charitable trust is a trust formed for the exclusive purpose of the relief of poverty, the advancement of education, religion or human rights and fundamental freedoms, or the protection of the environment or any other purpose beneficial to the general public. (2) A trust shall be deemed to be…
(1) A non-charitable trust may be created for a specific purpose notwithstanding the absence of any beneficiary. (2) A non-charitable purpose trust becomes valid if - (a) the purpose, whether partly charitable or not, for which the trust is created is specific, capable or fulfilment and is not illeg…
(1) A family trust is a trust, whether living or testamentary, partly charitable or non-charitable, that is registered or incorporated by any person or persons, whether jointly or as an individual, for the purposes of planning or managing their personal estate. (2) A family trust shall be - (a) made…
(1) Subject to the terms of the trust, a trustee may accept from any person any property to be added to the trust property. (2) Where the settlor declares a trust in respect to a property which he does not own at the time of the declaration, no rights or duties shall arise under the trust instrument…
(1) A trust shall be valid and enforceable in accordance with the terms of the trust. (2) A trust is invalid if - (a) it is created for a purpose or purports to do anything which is illegal in Kenya; (b) it has no identifiable ascertainable beneficiary; (c) it is established by duress, fraud, misrep…
(1) A beneficiary of a trust shall be identifiable or ascertainable in reference to a class or relationship with another person, whether living or dead. (2) Subject to subsection (1), the terms of a trust may expressly provide for the addition or exclusion of a person in a class of persons eligible…