Can a landlord or agent evict me after refusing sexual advances? The tale of a Kenyan tenant

Updated: Apr 14, 2020

Female tenants in Kenya experience sexual harassment and sex discrimination from the landlords and their agent even under the new constitutional dispensation. It is more vivid when the landlords refuses to rent a house or apartment to a female tenant arguing that they are more likely to be stolen from or assaulted by men.

Legally, landlords and their appointed agent have no prerogative powers of force female tenants in staying or renting a house on an upper floor (For example, fourth floor) as opposed to ground floor on the pretense that doing so reduces the risks of burglary within the plot or apartments.

Other landlords go to the extreme of refusing to let their houses to single females on traditional justification that they will ‘steal’ other peoples husbands or even bring different men in the plot corrupting other tenants’ minds.

With more and more moral decay in our society, it is both a human rights violation under the Constitution and a crime under section 24(5) of the Sexual Offences Act for any landlord who refuses to let their houses to a tenant who refuses the landlord’s sexual advances or threatens to evict any tenant who refuses such advances.

Absurd as they sound, these justifications of discrimination do not suffice in the eyes of the law and therefore criminal in nature. If this is happening please get advise immediately.

You can read more on other forms of tenant discrimination such as- based on religious faith, on disability and discriminating families with young children.

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