Why a Kenya-Specific Tenancy Agreement?

Generic lease templates from other jurisdictions often miss critical Kenyan requirements — M-PESA payment references, Business Premises Tribunal jurisdiction clauses, and notice periods under Kenyan law. This template is drafted specifically for the Kenyan context and references the relevant statutes.

• Aligned with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act
• Covers the Rent Restriction Act applicability where rents are below the threshold
• References the Business Premises Tribunal as the dispute forum
• Includes M-PESA and bank transfer payment clauses
• Notice periods consistent with Kenyan common law — typically one rental period

Key Clauses to Complete

Fill in the highlighted fields carefully. Both parties should review the completed agreement before signing. A lawyer review is recommended for properties with monthly rent above KES 100,000.

• Landlord and tenant full legal names and ID numbers
• Property address including county, sub-county, and plot number
• Monthly rent in KES and M-PESA paybill or account details
• Security deposit amount — typically one to three months rent
• Commencement date and initial lease term
• Permitted use — residential only, or specific commercial use
• Utilities responsibility — who pays water, electricity, and refuse collection

Stamp Duty and Legal Standing

In Kenya, tenancy agreements for properties above KES 10,000 per month should ideally be stamped by the Kenya Revenue Authority to give them the strongest legal standing. Stamping costs a nominal fee and can be done at any KRA office or online via iTax. Unstamped agreements are still valid but may carry less weight in tribunal proceedings.