Is discriminating a tenant based on religion illegal in Kenya?

Updated: Apr 14

This is also most common form of discrimination, when renting a house or apartment is on race and religion where landlords seek to know your religion and race. From a general perspective, this may not raise red-flags but on a thorough scrutiny, it is the worst form of discrimination.

In Kenya for example, it is a relatively common question by the landlords mostly towards those confessing Islamic faith. This has been the case due to the terrorist attacks in the country associated with alshabab militias who are originally Islamic by faith.

Nevertheless, this form of discrimination is unconstitutional and landlords are not an exception to this.


Article 32 of the Kenyan constitution, guarantees the protection of a number of interrelated entitlements of conscience, religion, thought, belief and opinion. Thus no one may be denied access any institution or facility on the basis of their belief or religion.


On the other hand, landlords cannot discriminate on racial ground by seeking to charge a tenant from a certain race for example a foreigner a higher rent amount more than he would have charged if he was a Kenyan.


You can read more on other forms of tenant discrimination such as- refusing landlord's sexual advances, based on disability and discriminating families with young children.

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