The Rent Restriction Regulations, 1966

Legal Notice 347 of 1966

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Citation
Legal Notice 347 of 1966
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Rent Restriction Act
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Language
English
Type
Legal Notice
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LAWS OF KENYA

RENT RESTRICTION ACT

THE RENT RESTRICTION REGULATIONS, 1966

LEGAL NOTICE 347 OF 1966

  • Published in Kenya Gazette Vol. LXVIII—No. 59 on 20 December 1966
  • Commenced on 20 December 1966
  1. [Amended by Rent Restriction (Amendment) Regulations, 1967 (Legal Notice 148 of 1967) on 14 July 1967]
  2. [Amended by Rent Restriction (Amendment) Regulations, 1988 (Legal Notice 438 of 1988) on 28 October 1988]
  3. [Amended by Rent Restriction (Amendment) Regulations, 1991 (Legal Notice 527 of 1991) on 4 November 1991]
  4. [Amended by Rent Restriction (Amendment) Regulations, 1992 (Legal Notice 24 of 1992) on 31 January 1992]
  5. [Amended by Rent Restriction (Amendment) Regulations, 1994 (Legal Notice 223 of 1994) on 8 July 1994]
  6. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Rent Restriction Regulations.

2. Interpretation

In these Regulations—“Chairperson” means the Chairperson of the tribunal;“register” means the register to be maintained under regulation 3.

3. Register

A register shall be maintained by an officer appointed for the purpose in respect of—
(a)applications for the assessment of standard rent under the Act, showing—
(i)date of application;
(ii)serial number;
(iii)name of landlord;
(iv)name of tenant;
(v)location of premises;
(vi)date of assessment;
(vii)amount of assessment;
(b)all other proceedings under the Act, showing—
(i)date of instituting proceedings;
(ii)serial number;
(iii)name of plaintiff;
(iv)name of defendant;
(v)location of premises;
(vi)nature of proceedings;
(vii)date of hearing;
(viii)determination or order.

4. Applications

(1)Applications to the tribunal shall be made in such manner and form as the tribunal may decide.
(2)An application to the tribunal shall be signed by the applicant or his advocate.

5. Fees

The fees specified in the Schedule to these Regulations shall be payable in respect of the matters therein specified.

6. Notice of hearing

Notice of the hearing of any matter before the tribunal except as provided in section 25 of the Act, shall be served on the parties or their advocates, and the date fixed for hearing shall not be earlier than ten days from the date of service of the notice of hearing.

7. Appearance at hearing

At any hearing before the tribunal, a party may appear in person or by an advocate.

8. Proceedings to be in public

Proceedings of the tribunal shall be open to the public.

9. Decision of Tribunal

A member of the tribunal shall not participate in a decision of the tribunal unless he has been present throughout the whole of the hearing.

10. Matters to be recorded on decision

The Chairperson shall record in writing the following particulars on the record of each case—
(a)date of hearing;
(b)composition of the tribunal;
(c)names of the parties present or their advocates;
(d)a record of the evidence;
(e)the determination or order of the tribunal.

11. Procedure

The procedure to be followed by the tribunal shall, except as herein provided, be that prescribed under the Civil Procedure Act (Cap. 21), so far as is practicable.

12. Deposit of rent

Where a landlord unreasonably refuses to accept payment of rent tendered by his tenant, and the tenant has made all reasonable efforts to induce the landlord to accept payment, the tenant may deposit the rent with the tribunal.

13. Record of deposits

A record of deposits of rent made by a tenant shall be maintained in a deposits ledger, in which shall be recorded the date of deposit, the name of the tenant, the location of the premises, the receipt number and the amount deposited.

14. Receipt for deposit

A receipt shall be issued in respect of any deposit of rent made by a tenant, showing on the reverse the name and address of the landlord to whom the rent is payable.

15. Landlord to be informed of deposit

The tenant shall inform the landlord that he has deposited the rent with the tribunal, and also of the amount of the deposit.

16. Payment out of deposit

The landlord may apply in writing to the tribunal for the rent deposited in his name to be paid out to him.

17. Commission

The tribunal shall retain a fee of five per cent of all rents deposited, but the landlord shall nevertheless be deemed for all purposes to have been paid in full.

SCHEDULE [r. 5]

SCHEDULE OF FEES

[L.N. 438/1988, s. 2, L.N. 527/1991, s. 2, L.N. 24/1992, s. 2, L.N. 223/1994, s. 2.]
1. For filing an application under Order XXV of the Civil Procedure RulesSh.200.cts00
2. For filing all other applications10000
3. On instituting proceedings for arrears of rent, where the sum involved is-(i) less than Sh. 2,000.00 ....................................(ii) more than Sh. 2,000.00 but than Sh. 5,000.00 ...(iii) over Sh. 5,000.00 .....................................................................(iv) on filing a plaint where no rent is claimed but an order for possession only is claimed2253704005 percent of the yearly rental value000000
4. On filing Bill of Costs ...................................Issue of notice of taxationUsual service fees100400000
5. On filing an application (non-pecuniary matter) under Order XXXIX of the Civil Procedure Rules ...........................Order thereon30000
6. Issue of Rent Control Certificate10000
7. For inspecting or viewing premises at the request of a party—(a) within 5 km. .............(b) over 5 km ................20020 per Km.00
8. For making certified copy of proceedings or any document connected with the complaint-(a) for the first folio of 100 words ........................(b) for each subsequent folio100500000
9. For issue of hearing notice10000
10. For issue of witness summons10000
11. Service fees-(a) within 2 km. ...............(b) over 2 km. and upto 10 km. ................(c) over 10 km. ........................407010 per Km.0000
12. On payment in or deposit of money with the Tribunal15 per centof the sumpaid in 
13. For every exhibit produced4000
14. On grant of orders for consent judgment20000
15. For perusal of file by advocate10000
16. For evidence in short-hand at the request of a party20000
17. For filing notice of appointment or change of advocate6000
18. On filing an affidavit6000
19. On filing valuation report2 per centof theannual rent. 
20. On request of adjournment20000
21. On filing defence10000
22. Notice of preliminary objection10000
23. Substituted Service -On applicationOrder thereonIssue of summons100500000
24. Consolidation of suits (under Order XI of Civil Procedure Rules)-On application by a party ..........................Order thereon .......................................Usual service fees100300000
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History of this document

31 December 2022 this version
08 July 1994
Read this version
31 January 1992
04 November 1991
28 October 1988
14 July 1967
20 December 1966
Published in Kenya Gazette 59
Commenced

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