Functions and Powers of the Kenya Rent tribunal

. Powers of court
(1) The tribunal shall have power to do all things which it is required or
empowered to do by or under the provisions of this Act, and in particular shall have
power—
(a) to assess the standard rent of any premises either on the application
of any person interested or of its own motion;
(b) to fix in the case of any premises, at its discretion and in accordance
with the requirements of justice, the date from which the standard rent
is payable;
(c) to apportion—
(i) payment of the rent of premises among tenants sharing the
occupation thereof;
(ii) the rent payable in respect of different premises included in one
composite tenancy;
(d) where the rent chargeable in respect of any premises includes a
payment for water, light, conservancy, sweeper, watchman, or other
service charge in addition to the standard rent, to fix the amount of
such payment or service charge;
(e) where any premises are occupied by tenants who enjoy services in
common, such as water, light, conservancy, sweeper or watchman,
to apportion such charges to each of the tenants;
(f) subject to the provisions of section 14, to make either or both of the
following orders—
(i) an order for the recovery of possession of premises whether in
the occupation of a tenant or of any other person; and
(ii) an order for the recovery of arrears of rent, mesne profits and
service charges;
(g) for the purpose of enabling additional buildings to be erected, to make
orders permitting landlords (subject to the provisions of any written
law) to excise vacant land out of premises where such a course is, in
the opinion of the tribunal, desirable in the public interest;
(h) where the landlord fails to carry out any repairs for which he is liable,
to order the landlord to carry out such repairs within such time as
the tribunal may stipulate, and, if the landlord fails to comply with
the order, and upon application by notice of motion by the tenant, to
authorize the tenant to execute the repairs and to deduct the cost
thereof from the rent;
(i) to permit the levy of distress for rent;
(j) to impose conditions in any order made by the tribunal under the
provisions of this section;
(k) on the application by a tenant by notice of motion, to reduce the
standard or recoverable rent of premises where the tribunal is satisfied
that the landlord has failed to carry out such repairs to, or maintenance
of, the premises as he has a duty to carry out either by agreement
or under this Act;
(l) to order a refund of any sum paid by a tenant on account of rent, being
a sum irrecoverable by the landlord under this Act:
Provided that no application may be made under this paragraph after
a period of two years from the date of payment of the sum sought to
be refunded, or, in the case of more than one payment, from the date
of last payment;
(m) at any time, of its own motion, or for good cause shown on an
application by any landlord or tenant, to reopen any proceedings in
which it has given any decision, determined any question, or made
any order, and to revoke, vary or amend such decision, determination
or order, other than an order for the recovery of possession of
premises or for the ejectment of a tenant therefrom which has been
executed:
Provided that—
(i) nothing in this paragraph shall prejudice or affect the right of
any person under section 8 to appeal from any such decision,
determination or order, or from the revocation, variation or
amendment of any such decision, determination or order;
(ii) the powers conferred on the tribunal by this paragraph shall
not be exercised in respect of any decision, determination or
order while an appeal therefrom is pending or in a manner
inconsistent with or repugnant to the decision of the appellate
tribunal on such an appeal;
(n) at any time, of its own motion, or for good cause shown on an
application by any landlord or tenant, adjourn an application, or stay
or suspend execution of any order of the tribunal, or postpone the
date of possession, for such period or periods and subject to such
conditions with regard to payment by the tenant of arrears of rent or
otherwise as the tribunal thinks fit.
(2) A tribunal may appoint and employ valuers, inspectors, clerks and other
staff for the better carrying out of the provisions of this Act:
Provided that, where a tribunal has deputed a valuer, inspector or other person
to inspect or view any premises, any report made by him shall be communicated
to the landlord and the tenant or their representatives.
(3) In respect of premises whereof there is no standard rent or whereof the
standard rent does not exceed two hundred shillings a month the tribunal may from
time to time delegate all or any of its powers under this Act to an administrative
officer or any other person, so, however, that no such officer or other person shall be
authorized to assess any standard rent at a sum exceeding two hundred shillings
a month or to vary or amend any decision, determination or order so as to increase
any standard rent to a sum exceeding two hundred shillings a month.
(4) A delegation under subsection (3) may be made in respect of any class
or description of premises, including premises situate in any specified area or
place, and may be made with respect to any premises, or class or description of
premises, which may appear to the administrative officer or other person to be likely
to be premises whereof the standard rent does not or will not exceed two hundred
shillings a month; and several delegations may be made so as to be effective at
the same time.
(5) A delegation effected under subsection (3) shall not prejudice or affect the
power of the tribunal itself to exercise any of its powers under this Act in respect of
any premises for the time being affected by the delegation.
(6) Where the tribunal has under subsection (3) delegated any of its powers
to any person, that person shall have power to administer oaths, to order persons
to attend and give evidence or to produce and give discovery and inspection of
documents, in the same manner as in proceedings before the tribunal.
(7) For the purpose of subsection (3), a person occupying those premises in
consideration of payment of rent shall be deemed, for the purposes of this Act, to
be a tenant of the person to whom the rent is paid, and shall be protected by the
provisions of this Act, notwithstanding that he shares the accommodation in those
premises with any other person.