In his 'routine checks', my landlord entered my house, asked for sexual favour

Dear Vivian,

I live in an apartment of eight houses where, we are two single women. The rest are bachelors. I have noted with concern that my landlord visits the ladies’ houses weekly saying it is a routine check. The men, on the other hand, do not experience this. Recently, the he entered my house and asked for sexual favour claiming he would lower my rent. What should I do?

Rhoda Maswai,

Nakuru.

Dear Rhoda,

In Kenya, the rights and responsibilities of both landlords and tenants are governed by the Kenyan Constitution, various statutes, and common law principles. For example, under the Constitution of Kenya, you have the right to dignity, privacy, and freedom from discrimination, regardless of gender.

Every tenant has a right to privacy and quiet enjoyment of their rented real estate. Landlords must have a just reason to enter a tenant’s property. A right of entry must be preceded by proper notice, which in most cases is at least 24 hours' notice.

Most of these rights are contained within a lease agreement (a legally binding contract between the landlord and tenant). It is always advisable to have a written lease agreement before entering any rented house. It will balance the rights of both the tenant and the landlord. 

Your landlord seems to have broken these rights by not issuing you with a notice of entry and discrimination based on gender. Further, the unwanted sexual advances fall within the purview of sexual harassment.  The offence has been described by the Sexual Offences Act as sexual advances or requests, which the person of authority knows, or has reasonable grounds to know, are unwelcomed.

To address this situation, document each instance of harassment and discriminatory behaviour by your landlord. Keep a detailed record of dates, times, and specific actions or statements made. This documentation will serve as crucial evidence if you decide to take legal action.

It is prudent to commence by issuing the landlord with a demand letter quoting the unwanted sexual advances and entry to the rented premise. If the demand is not adhered to, you can report the sexual offence to the nearest police station and further petition the court for an injunction to restrain him from further harassing or discriminating against you.

Further, there are non-governmental organisations that provide crucial support and assistance to tenants who face challenges with their landlords, especially those with a gender component like yours.

By pursuing these legal remedies, you assert your rights as a woman tenant. It is not sufficient to say that you will find another rental apartment because by reporting, you not only hold your landlord accountable for their misconduct, but also send a clear message that sexual harassment and gender-based discrimination is not tolerated in Kenya.

Vivian.

The writer is an Advocate of the High Court of Kenya and award-winning Civil Society lawyer. [email protected]