Locked out of your house? What you need to know about evictions in Kenya

You might think a landlord can change the locks if rent is late.

They cannot.

Not without a court order.

But many Kenyans still lose homes to illegal lockouts or rushed notices because they don’t know the right response.

So, can a landlord evict you without notice?

Landlords cannot evict tenants without following legal procedures.

You cannot go to work in the morning and return to find your belongings outside.

Such actions, including lockouts (landlord changing locks), utility disconnections, or forcible removal, constitute illegal evictions.

The Rent Restriction Act (section 22) penalises landlords who remove tenant furniture or deprive access to premises.

Penalties include fines up to Sh1,000 or six months' imprisonment.

In Teresia Irungu v Jackton Ocharo & 2 others [2013] eKLR, the Environment and Land Court (ELC) ruled that evictions without court orders are unlawful.

Criminal charges under the Penal Code (section 194) for forcible entry may also apply.

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What are the legal and valid grounds for ending a tenancy?

Termination of a tenancy must be based on specific legal grounds, which differ depending on whether the property is residential or commercial.

For residential tenancies

Under section 14 of the Rent Restriction Act (Cap 296), a landlord can only regain possession if one of the following circumstances applies:

• The tenant has fallen into rent arrears or breached other tenancy obligations (section 14(a)).

• The tenant has caused nuisance, is an annoyance to neighbours, used the premises for immoral or illegal purposes, or allowed the property to deteriorate through neglect (section 14(b)).

• The tenant has given notice to quit in a way that prejudices the landlord's plans to sell or relet the property (section 14(c)).

• The tenant has sublet the premises at an excessive rent (section 14(d)).

• The landlord needs the premises for their own or their family's occupation (requiring 12 months' notice) or for needs authorised by a public authority (section 14(e)-(f)).

• The tenant has assigned or sublet the premises without authorisation (section 14(g)).

Non-payment of rent is the most frequent reason cited, but the landlord must demonstrate that the arrears exceed one month's rent.

For commercial tenancies

Section 7 of the Rent Restriction Act (Cap 296) allows termination where:

• The tenant has neglected repair or maintenance duties, resulting in the premises being left in poor condition.

• The tenant has defaulted on rent for two months or shown persistent delays in payment.

• There has been a substantial breach of the tenancy or mismanagement by the tenant.

• The landlord provides suitable alternative accommodation to the tenant.

• The subtenancy makes it more practical for the landlord to let the entire property as one unit.

• Demolition, reconstruction, or major works necessitate vacant possession.

• The landlord requires the premises for their own personal or business use for at least one year (with restrictions if the interest in the property was acquired within five years of giving notice).

For periodic leases under the Land Act, notice to vacate should generally match the rent interval unless the agreement provides otherwise (for example one month's notice for monthly tenancies).

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Step-by-step: The legal eviction process

Evictions follow a structured sequence: notice, dispute resolution and judicial enforcement.

1. Issue a written notice to quit. Serve personally, by registered post or by conspicuous affixation.

2. The tenant may comply, negotiate, or refer the matter to the Rent Tribunal within the statutory time. Tribunals offer informal, low‑cost dispute resolution for protected tenancies. If unresolved, the notice lapses or takes effect.

3. If the tenant refuses to vacate, the landlord applies to the Environment and Land Court or Magistrates' Court for a possession order. Parties present evidence at hearing; orders usually set a specific vacation date (commonly 14–30 days, depending on the order).

4. Bailiffs enforce orders, with police assistance if needed. Tenants retrieve belongings. Landlords store unclaimed items at the tenant’s expense.

For squatters (unlawful occupiers), the Land Act (sections 152B–152I) sets out a special process.

These are people living on land or in a building without the owner’s consent or a valid tenancy.

Before they can be removed, the law requires a three-month written notice, publication in the Gazette, and involvement of the county government.

Only after these steps can the Environment and Land Court issue an eviction order.

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Key protections: For tenants and landlords

Kenyan tenancy laws are designed to protect both tenants and landlords, creating a fair balance that prevents abuse from either side.

For tenants, the law guarantees security of tenure.

No eviction can take place without proper grounds, adequate notice, and a fair hearing - protections that are anchored in the Constitution (Article 43) and the Rent Restriction Act (section 24).

Landlords are also required to issue rent receipts upon payment and ensure the property remains habitable, handling essential repairs when necessary.

The law prohibits harassment tactics such as cutting off utilities or changing locks to force tenants out, and anyone subjected to such treatment can seek court injunctions and claim damages.

When a tenancy ends, tenants are entitled to a refund of their deposit within 30 days, with only lawful deductions permitted for unpaid rent or damages.

Landlords also benefit from safeguards.

If rent arrears build up to six months, they may apply to the court for a warrant under the Distress for Rent Act, allowing seizure and sale of the tenant’s goods to recover debts.

Where a tenant damages property or uses it illegally, landlords can pursue eviction.

They may also claim mesne profits, which is essentially rent for the period a tenant stays on after their lease has ended.

In other words, once the tenancy is legally over, any extra days or months spent in the property must still be paid for, at the going market rate.

And while the Rent Tribunal settles many disputes, landlords can appeal to the Environment and Land Court, though only on specific legal grounds.

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Practical checklist: If you face eviction or unlawful lockout

• Keep rent receipts and a copy of your tenancy agreement.

• Photograph or document any unlawful disturbance (cutting of utilities, damaged locks, moved goods).

• Contact the nearest Rent Tribunal or ELC registry immediately.

• Seek a court injunction to stop illegal eviction and apply for damages where appropriate.

• Where possible, obtain legal advice or assistance from legal aid clinics or tenant‑support organisations.

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Where to get help

You can seek help at the Rent Tribunal in your county, which offers informal and low-cost dispute resolution.

For more formal possession proceedings, you may go to the Environment and Land Court registry.

Tenants can also get support from legal aid clinics, pro bono lawyers, or tenant associations.