How to Handle Commercial Landlord Disputes & Lockouts in Kenya

Disputes between commercial landlords and tenants frequently center on rent arrears, maintenance failures, service charge audits, or sudden eviction threats. Understanding your legal recourse prevents business interruption.

1. Dealing with Distress for Rent & Lockouts

In Kenya, "Distress for Rent" allows landlords to seize a tenant's movable goods to recover unpaid rent under the Distress for Rent Act (Cap 293). However, landlords frequently execute this process illegally:

• Self-Help Is Illegal: A landlord cannot change padlocks, seal premises, or disconnect electricity/water without due process. Self-help lockouts constitute illegal eviction and trespass.  
• Licensed Auctioneers Only: Goods can only be attached by a licensed court auctioneer carrying a valid Proclamation Notice that gives the tenant 14 days' notice to settle arrears.

2. How to File a Reference at the BPRT

If you operate under a controlled tenancy and receive an illegal notice or face an imminent lockout, you can apply for an emergency injunction at the Business Premises Rent Tribunal (BPRT):

1.File a Reference at the BPRT Registry:

Form 2 Application.

Lodge a formal Reference (Form 2) at the BPRT registry detailing the dispute (e.g., unlawful notice, illegal rent escalation, or threatened lockout).

2.Apply for Ex-Parte Temporary Injunction Orders:

Injunction Application.

File an urgent Certificate of Urgency alongside an application requesting temporary orders to restrain the landlord from closing the premises, disconnecting utilities, or distress selling goods.

3.Serve the BPRT Orders on the Landlord & OCS:

LRA Service.

Once the BPRT Magistrate issues status-quo orders, serve certified copies immediately on the landlord, property manager, and the local Police Officer in Command (OCS) to enforce compliance.

4.Attend Hearing & Present Evidence:

Inter-Partes Hearing.

Attend the scheduled inter-partes hearing to present bank receipts, lease agreements, and communications proving compliance or unlawful landlord actions.