Contributed By MMC Africa Law
Forceful eviction is not allowed in Kenya. However, when a tenant is in breach of the terms of a lease, the landlord is required to serve the tenant with notice to rectify the breach as stipulated in the lease.
In the case of a controlled tenancy, the tenant has the power to refer the matter to the Business Premises Rent Tribunal, whereupon the notice shall be of no effect until the determination of the reference by the tribunal.
If the tenant does not refer the matter to the tribunal, or when nothing is done to rectify the shortcoming, a landlord can terminate the lease agreement and demand that the tenant vacates the premises.
Where a tenant declines to vacate premises, a landlord would have to obtain an eviction order from the tribunal established under the LTA (where the tenancy is controlled) or a court order (where the tenancy is not controlled).
It would take between six months and two years to conclude eviction proceedings.