Ukamba Agricultural Institute moves to court, challenges rent hike

On Thursday, Ukamba Agricultural Institute filed a petition at the High Court, challenging the Rent Restriction Act.

According to the institute, the Rent Restriction Act, as well as the  Landlord and Tenant Act, prohibiting landlords from increasing rents without the rent tribunal approval, are  unconstitutional.

This suit follows the institute's frustrations due to its inability to increase rent for its residential houses, business premises, and the land it rents in Nairobi and other parts of the country.

Senior Counsel Nzamba Kitonga is representing the institute. He argued that the Rent tribunal should not preside over rent dispute cases as entities like the institute continue to lose millions of shillings in rent collection. 

Mr. Kitonga asserted, "The laws that stop landlords from increasing rent at will are outdated pre-colonial legislation premised on the notion that tenants should be protected from greedy landlords, and they should not be allowed to operate in our current Constitution."

The lawyer further argued that the restriction laws are outdated and they infringe on an individual’s right to own and deal with their property as they wish.

Kitonga said," A landlord and a tenant should be allowed to enter into a contract on a willing buyer, willing seller basis. The rent laws are archaic as they violate social, economic, and consumer rights of Kenyans who have invested in rental buildings and want to charge appropriate rent."

Kitonga will handle the case based on 

consumer rights of the landlords and tenants as outlined in the Constitution. 

In an affidavit, Ukamba Agricultural Institute Chairman, Robert Mutiso, stated that they cannot 

enjoy the fruits of their investments because of the rigid laws. 

Mr Mutiso added, “The Constitution created the Environment and Land Court which should be the court dealing with any dispute relating to land usage, including rent. The tribunals are illegally presiding over matters of rent dispute and should be declared unconstitutional.”

If the petition goes through, landlords will be able to increase rent without notice.