Quick Answer
As a tenant you have rights that your lease cannot lawfully take away — to habitable premises, to quiet enjoyment of your home, to the return of your deposit, and to protection from arbitrary rent increases and unlawful eviction.
Key facts
- You are entitled to habitable, safe premises.
- You have the right to quiet enjoyment of your home.
- Your deposit must be refunded, minus genuine damage.
- You cannot be discriminated against as a tenant.
Habitable premises and quiet enjoyment
Your landlord must provide habitable premises and keep the structure in reasonable repair, and must respect your quiet enjoyment — not harassing you or entering without reasonable notice.
Your deposit
A security deposit (commonly one to two months’ rent) must be refunded at the end of the tenancy, minus genuine deductions for damage beyond normal wear and tear. Keep your tenancy agreement and rent receipts as proof.
Freedom from discrimination and abuse
Under Article 27, a landlord cannot refuse to rent to you or treat you differently on grounds like ethnicity, gender, religion or disability. And a landlord cannot lawfully seize your goods or lock you out without following the legal process.
Why this matters to you
Knowing these rights turns the power balance: a tenant who knows the deposit must come back, that the premises must be habitable, and that lockouts are illegal is far harder to exploit.
Frequently asked questions
Must my deposit be refunded?
Yes — minus genuine deductions for damage beyond normal wear and tear.
Can my landlord enter anytime?
No — you are entitled to quiet enjoyment; entry requires reasonable notice.
Can a landlord refuse me on tribal or religious grounds?
No — that is unlawful discrimination under Article 27.
Sources & references
- Constitution of Kenya 2010, Articles 27 and 43 — klrc.go.ke
- Rent Restriction Act (Cap 296) — kenyalaw.org