The Landlord and Tenant Act 2021 significantly updated Kenya's tenancy law — it now explicitly covers residential premises (previously only commercial), caps security deposits at a reasonable amount, and establishes clearer procedures for termination. Most tenancy agreements in circulation pre-date this Act and are missing required provisions. An agreement that doesn't reflect current law can be challenged or rendered partially unenforceable, particularly around notice periods and deposit refund timelines.
Every Kenya tenancy agreement should specify: the exact property address, monthly rent and due date, payment method (M-Pesa details or bank account), security deposit amount and refund conditions, notice period (minimum 28 days recommended), which utilities are included, and whether subletting is permitted. Without these, the parties fall back on the Act's defaults, which may not match what was verbally agreed.
The most common mistake is a vague property description — "a house in Kileleshwa" is not enough. Include the house number, estate name, floor (for apartments), and any relevant landmarks. For commercial premises, include the square footage and any restrictions on signage or alterations. The contract generator follows similar principles of precision.
Both parties should sign in the presence of two witnesses, with each signatory retaining a copy. A signed tenancy agreement gives both landlord and tenant standing in a dispute — the Business Premises Rent Tribunal for commercial premises, and the courts for residential. Keep all rent payment receipts and communications in writing throughout the tenancy.