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"Know Your Rights" is a campaign to help Intersex, Transgender, and Gender-nonconforming individuals assert themselves confidently in challenging situations. Understanding and using these rights, backed by the law, are crucial for protection and fairness. Lack of awareness can result in unjust treatment and trouble. Read ahead for advice on staying safe and knowing your rights as an Intersex/Transgender/Gender diverse person in Kenya.

Laws that govern landlords and tenants in Kenya

Here are some key areas of the law you should know as a tenant with regards to the law: - in relevance to Intersex ,Transgender & G.N.C individuals

Distress for Rent

• Kenya has Distress for Rent Act. It is a law that gives property owners the mandate to seize or cause a seize of goods from a tenant that owes rent.

• So, if you are in arrears of more than a month, your landlord will use the act to try and sell your goods to recover the money you owe them.

• In this case, a property owner does not have to seek a court order to recover rent.

• The law requires landlords to use licensed auctioneers to conduct the process.

• Once it is in the hands of an auctioneer, the company or agency will conduct the process under the guidance of The Auctioneers Act.

• The tenancy laws in Kenya help to avoid situations like tenant bullying landlord and vice versa.

Evictions

( chances are high that landlords are most likely to evict you once they are aware of your gender identity and related history. this is prevalent due to stigma and ignorance. )

• A landlord does not have the right to evict a tenant in any way he deems fit.

• The law lays out a procedure of evicting tenants from properties.

• First, a landlord must give you a notice of termination.

• The notice must be in a prescribed form and must:

• State the date on which the tenancy will end

• Be signed by the person issuing the notice

• Identify the premises you live or for which the notice is given

• If you receive the notice, it must also set out the details and reasons for terminating the tenancy.

• After getting a notice, you must vacate the premises. If you do not vacate by the end of the date stated, the landlord may apply to a tribunal for an order to terminate the tenancy and evict you.

• There have been instances where landlords increase rent for tenants who refuse to vacate their premises. That is unlawful.

• The law says a property owner cannot waive a notice of termination, create a new tenancy, or reinstate a tenancy by notice of rent increase.

• Both parties must agree to it. Generally, it is only a Landlord and Tenant Tribunal that can legally evict you from a house.

• Even before the order comes out, the tribunal must determine that the reasons stated for are accurate and justifiable.

Rental increments

• A landlord cannot increase your house’s rent without notice unless stated in a tenancy agreement.

• Typically, such increments happen when a person is renewing their lease agreement.

• It also happens when one is moving to a new house.

• You must receive a formal letter stating when the property owner will increase rent.

• The letter or written notice must give you at least one month to inform you of the coming changes.

• A landlord may or may not give a reason for increasing the rent.

• On the other hand, you have the right to object to the increment.

• If you choose to object, you must notify your landlord within 30 days after receiving the notice.

• The Urban Tenants Association is one legal body you can use to lodge your objections on the increments.

• Always expect such changes to happen after some repairs to the house or when there is inflation in Kenya.

Deposits

• Before occupancy, landlords require tenants to pay the rent in advance and another equal amount as a security deposit.

• The deposit you give before occupancy is refundable.

• You can claim it once you return the property in its original conditions at the end of your lease contract.

• The law on deposits isn't explicitly included in the constitution and as a result, there are cases of breaches that go unpunished.

• The duration for a refund of rent deposit will depend on what is stated on the tenancy agreement.

• In some cases, it is usually within 30 days after the end of a lease agreement. Should you move before the end of the agreement, your landlord can wait until the expiry of the lease before giving you the deposit.

• Understand that rental deposit laws also protect the landlord.

  In simple terms, there are situations where you will not get back the full amount. These include:

  • Non-payment of rent

  • Damage to the property

  • Unpaid utilities such as electricity and water

  If a landlord decides not to pay, find out the reasons for such a decision. Speak to them amicably to get a refund.

Right to Privacy

• Once you move in, the landlord can’t enter your property without your consent.

• It doesn’t matter what they are trying to do, they need to have your permission before they can access your house.

• The only exception would be if there is an emergency such as a fire.

• Also, your safety is of utmost importance no matter where you are staying.

• The landlord should make sure that the doors, windows and locks work properly to ensure your safety. If you want to add extra locks, you have the right to do so.

Chapter Four - The Bill of Rights :

Rights of arrested persons - in relevance to I.T.GNC individuals

An arrested person has the right--

(a) to be informed promptly, in language that the person understands, of--

(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;

(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than--

(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;

(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

Rights of persons detained, held in custody or imprisoned

(1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
(2) A person who is detained or held in custody is entitled to petition for an order of “ habeas corpus “ ( is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention. )
(3) Parliament shall enact legislation that--

(a) provides for the humane treatment of persons detained, held in custody or imprisoned; and
(b) takes into account the relevant international human rights instruments.