Tenants in Kenya are legally protected against landlords who disconnect essential utilities like water and electricity without proper notice. Such actions can be deemed as harassment under the Landlord and Tenant (Shops, Hotels, and Catering Establishments) Act. In a notable 2021 case, a tenant was awarded Ksh200,000 in damages after being wrongfully evicted following utility disconnections.
Steps for Tenants Facing Unlawful Utility Disconnection:
- Issue a Demand Letter: Inform the landlord of the illegality of the disconnection and request immediate restoration of services.
- File a Complaint: If the landlord doesn’t comply, approach the appropriate legal body:
- Rent Restriction Tribunal: For rental units with monthly rent not exceeding Ksh2,500.
- Environment and Land Court: For units with higher rent amounts and broader landlord-tenant disputes.
- Seek Compensation: You may be entitled to damages ranging from Ksh50,000 to Ksh200,000, depending on the distress caused.
Alternatively, tenants can contact local utility companies to intervene, though this may be challenging if the landlord holds the primary account.
It’s essential for tenants to be aware of their rights and take appropriate legal action when faced with unlawful utility disconnections.
