Permitted increases in rent in Kenya

(1) A landlord may, by notice in writing to the tenant a copy whereof shall be
delivered to the tribunal, increase the rent of any premises as follows—
(a) in the case of premises—
(i) upon which rates payable by the landlord have increased since
the premises were let to the tenant, by the amount of that
increase; or
(ii) upon which rates payable by the landlord have become payable
since the premises were let to the tenant, by the amount of the
rates,
and in this paragraph “rates” includes water, light or conservancy charges;
(b) in any case where the landlord has, since the 1st January, 1981,
incurred expenditure on the improvement or structural alteration
of premises (not including expenditure on redecoration or repairs,
whether structural repairs or not) or in connexion with the installation
or improvement of a drainage or sewerage system or the construction
or making good of a street or road executed by or at the instance of
a local authority, by an amount calculated at a rate per annum not
exceeding ten per centum of the expenditure so incurred.
(2) A notice served before the commencement of this Act of an intention to
make any increase of rent which is permissible only under this Act shall not be a
valid notice for the purpose of this section.
(3) Any transfer to the tenant of any burden or liability previously borne by the
landlord shall, for the purposes of this Act, be treated as an alteration of rent, and
where, as the result of any such transfer, the terms on which any premises are
held are on the whole less favourable to the tenant than the previous terms, the
rent shall be deemed to be increased, whether or not the sum periodically payable
by way of rent is increased; but any increase of rent in respect of any transfer to
a landlord of any burden or liability previously borne by the tenant where, as the
result of any such transfer, the terms on which any premises are held are on the
whole not less favourable to the tenant than the previous terms, shall be deemed
not to be an increase of rent for the purposes of this Act:
Provided that the rent shall not be deemed to be increased where the liability
for rates is transferred from the landlord to the tenant, if a corresponding reduction
is made in the rent.
(4) Where a notice, served under the provisions of subsection (1), which at
the time was valid has been served on any tenant, the increase may be continued
without service of any fresh notice on any subsequent tenant