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How do I deal with harassment from a landlady My landlady verbally assaulted 10 yr old with an accusation that he rang her bell instead of mine which was a lie because I was there at the gate...I tried having a calm conversation but she hurlled insults and switched off my water and lights. I contacted the area nyumba 10 chairman who came and helped me get my lights back despite the fact that she hunged up on the chief upon hearing my report.The chairman adviced we talk to the landlord who is not around ...the landlady had a notorious reputation and a pending case of assault hence her avoiding the chief, today she runs to the subchief whose new and knows her not to report and now gives a month notice.Am to meet him tomorrow and the chairman has advised that he will be present because the landlady has gone too far ..what to do?

mwakili.com

Introduction

Dealing with harassment from a landlady can be a distressing experience, especially when it involves verbal assault and the disconnection of essential services like water and electricity. In Kenya, tenants have rights that are protected under various laws, including the Constitution of Kenya, the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, and the Rent Restriction Act. This response will provide a detailed guide on how to handle such a situation, including legal recourse and practical steps you can take.

Legal Framework
- 1.1 Constitution of Kenya
- 1.2 Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
- 1.3 Rent Restriction Act
- 1.4 Penal Code
Steps to Take
- 2.1 Documenting the Incidents
- 2.2 Reporting to Authorities
- 2.3 Seeking Legal Advice
- 2.4 Engaging the Landlord
- 2.5 Mediation and Arbitration
Legal Recourse
- 3.1 Filing a Complaint with the Rent Tribunal
- 3.2 Seeking an Injunction
- 3.3 Criminal Charges
Conclusion

1. Legal Framework

1.1 Constitution of Kenya

The Constitution of Kenya, 2010, provides for the protection of fundamental rights and freedoms. Relevant articles include:

Article 28: Every person has inherent dignity and the right to have that dignity respected and protected.
Article 29: Every person has the right to freedom and security, which includes the right not to be subjected to any form of violence from either public or private sources.
Article 43: Every person has the right to accessible and adequate housing, and to reasonable standards of sanitation.

1.2 Landlord and Tenant (Shops, Hotels and Catering Establishments) Act

This Act provides for the regulation of certain premises and the relationship between landlords and tenants. Key sections include:

Section 4: Prohibits landlords from harassing tenants or interfering with their peaceful enjoyment of the premises.
Section 12: Provides for the establishment of a tribunal to hear and determine disputes between landlords and tenants.

1.3 Rent Restriction Act

The Rent Restriction Act applies to residential premises and aims to protect tenants from unfair practices by landlords. Relevant sections include:

Section 5: Prohibits landlords from demanding or receiving rent in excess of the standard rent.
Section 14: Allows tenants to apply to the Rent Tribunal for relief against unlawful acts by landlords.

1.4 Penal Code

The Penal Code of Kenya criminalizes various forms of assault and harassment. Relevant sections include:

Section 250: Defines assault and prescribes penalties for those found guilty.
Section 251: Provides for the punishment of assault causing actual bodily harm.

2. Steps to Take

2.1 Documenting the Incidents

Keep a Record: Document all incidents of harassment, including dates, times, and descriptions of what occurred.
Gather Evidence: Collect any evidence that supports your claims, such as photographs, videos, and witness statements.

2.2 Reporting to Authorities

Local Administration: Report the harassment to local authorities, such as the area chief or sub-chief. Ensure you have a written record of your complaint.
Police: If the harassment involves criminal behavior, such as assault, report the matter to the police and obtain an Occurrence Book (OB) number.

2.3 Seeking Legal Advice

Consult a Lawyer: Seek legal advice from a qualified lawyer who can guide you on the best course of action and represent you if necessary.

2.4 Engaging the Landlord

Contact the Landlord: If the landlord is different from the landlady, attempt to contact them and explain the situation. Provide evidence of the harassment and request their intervention.

2.5 Mediation and Arbitration

Nyumba Kumi Initiative: Engage the Nyumba Kumi chairman and other community leaders to mediate the dispute.
Alternative Dispute Resolution: Consider alternative dispute resolution mechanisms, such as mediation or arbitration, to resolve the issue amicably.

3. Legal Recourse

3.1 Filing a Complaint with the Rent Tribunal

Application: File a complaint with the Rent Tribunal, detailing the harassment and any unlawful actions by the landlady.
Hearing: Attend the hearing and present your evidence. The tribunal has the authority to issue orders to protect your rights as a tenant.

3.2 Seeking an Injunction

Court Order: Apply for an injunction from the court to prevent the landlady from continuing her harassment and to restore any disconnected services.

3.3 Criminal Charges

Prosecution: If the harassment involves criminal behavior, such as assault, the police can investigate and prosecute the landlady under the Penal Code.

Conclusion

Dealing with harassment from a landlady requires a combination of documenting incidents, reporting to authorities, seeking legal advice, and potentially taking legal action. The Constitution of Kenya, the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, the Rent Restriction Act, and the Penal Code provide a robust legal framework to protect tenants from such behavior. By following the steps outlined above, you can take appropriate action to address the harassment and safeguard your rights.