Housing discrimination against tenants with young children in Kenya- It's Illegal!

Updated: Apr 14

There are various forms of biases between different type of tenant and classes of people. For the purpose of this first part, we will limit ourselves to discrimination that tenants with young children face in Kenya while renting a house or apartment and during their tenancy period.

First, is the discrimination against families where landlords or agents refuse to rent their houses to tenants with children basing their justifications on the noise and damages that the children might cause if given the house.


Considering that Kenya as a country doesn’t have a child policy as opposed to other countries like China for example, so it is illogical and absurd to presume that having a child is a crime and therefore a ground to reject a rental application. In its general application of the provisions of the Constitution of Kenya, it is illegal for landlords and their appointed agents to terminate tenancy or evict a tenant based on the fact that the tenant has become pregnant during her stay in the apartment.


Actually under Article 45 of the constitution, family is recognized as the natural and fundamental unit of society and the necessary basis of social order and the rights guaranteed to the family include the right to marry.


On the same wavelength, a landlord cannot argue to evict, terminate a tenancy or refuse to rent a house to a tenant on the ground that they are married or not this is even if the landlord has reasonable conviction that the children will not be safe in the building or the neighborhood.


Other form of discrimination include based on religious belief, refusal of landlord's sexual advances and based on disability.

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