Ever wondered what the Kenya housing laws are? Well, these laws actually govern your right to live in any house or any building that you like. They also protect you against being discriminated by others and also from false arrests. In fact, even if your landlord refuses to allow you to live in your apartment, you can still bring a lawsuit against him in court. If you win the suit, he cannot refuse you the possession of the apartment and can be charged with eviction from the premises.
There are also a few other laws that protect the renters. For example, a tenant may have the right to water and electricity. This is a right that he must have paid for in advance, and thus it becomes a legal obligation.
Housing laws in Kenya are made by the elected government and are enforced through a local police force called the SWAT. The highest court of appeal is found here. The country has a multi-cultural society, with most of its residents speaking English. The only official language is English. You need to have at least a rudimentary understanding of English in order to reach any level of government, public or private.
However, the law does not state a minimum age for a person to own a house or an apartment. The minimum age is 18. But, generally, most of the properties that are on sale have a clause of three years which is deemed to be the average age of the buyer. One problem that you might face is that the Kenyan law does not recognize a separate house as being separate from the rest of the house. Thus, renting a house in one part of the property to a tenant is considered to be renting overall.
Some of the laws specify that if you buy a house, the title will pass on to your spouse. This means that both the husband and the wife have the legal right to occupy the house. A common agreement is also held between the seller and the buyer regarding the condition of the house. According to this agreement, the buyer would have to live in the house for six months after the closing of the deal and during this period, he or she would have to put up with the renter’s belongings.
Another interesting law states that any adult who is occupying a house shall have to undergo a background check. The purpose of this is to make sure that the adult is not a burglar or a terrorist. It is considered a criminal offence punishable with a fine or a term of imprisonment. You can also get penalized if you are found to be smoking inside the house. Although it is against the housing rules, it has become more socially acceptable to smoke inside the house because smoking is not considered to be injurious to health.
There is a minimum age for a minor to enter into a private ward or private area that is intended for other residents of the house. Generally, the age is 18 years old but the exact age may differ depending on the local rules and legislation. The house-holders can apply for a protective power of attorney that allows them to manage their affairs and give advice about legal matters pertaining to the house. A power of attorney enables the person to manage his/her own money and business without involving his/her children or any third party. The duration of the power of attorney is for the entire life of the person.
An eviction happens when the house owner gets annoyed at the noise made by the tenants, for example, a neighbor. If the noise persists, he or she can make an eviction. Since the house rules prohibit loud noise, the neighbors are not supposed to disturb the house owner. However, if they are not able to control the noise that they make, the owner can make an eviction. Even though it is against the house rules to disturb a house owner while he is having a meeting or if the neighbor disturbs him or her by disturbing the peace, an eviction can still be done.