THE MUNICIPAL COUNCIL OF MAVOKO

(RENTAL HOUSES) BY- LAWS 2009

THE LOCAL GOVERNMENT ACT
(CAP 265)

IN EXERCISE of the powers conferred by Section 201 of the Local Government Act the Municipal Council of Mavoko hereby makes the following by-laws:-

THE MUNICIPAL COUNCIL OF MAVOKO
(RENTAL HOUSES) BY- LAWS 2009

1. These By- laws may be cited as the Municipal Council of Mavoko (Rental Houses) By- laws 2009.

2. In these by- laws:-

“council” means the Municipal Council of Mavoko;

“director” means the person for the time being holding the office of the Director of Social Services and Housing Department within the council and includes his Deputy;

“estate officer” means the person for the time being holding the office of estate officer of the Council;

“premises” means houses, flats, rooms, bungalows or maisonettes belonging to and rented for residential purposes by the Council;

“town clerk” means the person for the time being holding the office of the Town Clerk of Mavoko and includes his deputy;

Application 3. These By-laws shall apply to all Council estates.

Assigning or 4. The tenant shall not assign, underlet or part with the possession of subletting the premises or any part thereof without the previous written
consent of the Council.

Payment of rent 5. The tenant shall pay the rent reserved in advance on or before the first day of every month at the Council’s appointed revenue offices.

Alteration or 6. A tenant shall not without the previous written consent of the
or additions to Council make any alterations or additions to the premises and shall
the approved design not remove any partitions, doors or other fittings and fixtures so
of the premises affixed and designed by the Council.
Illegal 7. A tenant shall not construct or suffer to be constructed any extensions structures for dwelling whether permanent or semi-permanent in
nature within the Council’s estates.

Any tenant who contravenes this By-law shall in addition to the penalties prescribed under these By-laws be liable to have the said structures demolished, at the tenant’s cost.

Eviction 8. The Council may upon giving a notice of 48hours to a tenant who
has breached these By-laws, evict the said tenant.

Impounding 9. The Council shall at the time of evicting a tenant who is in rent
and sale of arrears, impound the tenant’s household goods and after the expiry tenants goods of the notice given to the tenant to clear the rent arrears have the
for recovery right to dispose off the tenants goods to enable it recover the rent
of rent arrears arrears.

Forceful 10. (1) Any tenant who upon eviction from the Council’s premises re-entry or and before settling any rent arrears or receiving a written breaking into authority of re-entry to the premises forcefully breaks into
the premises and damages any part of the premises shall be guilty of an
offence under this by-law.

(2) Any tenant who is in breach of this by-law shall be liable to a fine not exceeding Kenya Shillings Twenty Thousand or to imprisonment for a term not exceeding nine months or to both such fine and imprisonment.

Inspection of 11. The tenant shall allow the estate officer or any other officer
premises authorised in writing by the Council to carry out an inspection of
the premises upon receiving a reasonable notice.

Keeping of 12. No tenant shall keep any poultry or animals on the premises
animals or (except as domestic pets)
poultry

Planting of 13. A tenant shall not plant any crops in his or her garden or
crops compound.

Nuisance 14. A tenant shall not do, permit or suffer to be done in upon or about
the premises anything which in the opinion of the Council may be or become a nuisance or annoyance to the Council or to the occupants of neighbouring premises or to the public generally.

Premises to be 15. A tenant shall not use the premises for commercial
Used only as purposes and shall not conduct any business or suffer to be
a private conducted any business activity whatsoever, but shall rather use
residence the premises as a private residence only and for no other purpose
whatsoever.

Damage to 16. A tenant shall not damage the floors, walls, timber
floor, walls, timber of the premises, water pipes, boundary fences, hedges or cut any of premises, trees, trees
water pipes, boundary
fences, hedges etc

Notices 17. Any notice required to be served under these by-laws shall be deemed to have been served if the same is either delivered at the tenants premises or posted to the tenants last known address.

Penalty 18. Any person who is guilty of an offence under these By-laws for which no penalty is specifically provided under these By-laws shall be liable on conviction to a fine not exceeding Twenty Thousand Shillings or to imprisonment for a term not exceeding nine months or to both such fine and imprisonment.

Made by the order of the Municipal Council of Mavoko this day of 2009

WISDOM K. MWAMBURI
TOWN CLERK

Approved this day of 2009

HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT

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