Several Nairobi landlords have started reviewing tenancy and lease agreements with tenants following a surge in crimes in their apartments.
Speaking to Kenyans.co.ke, on Thursday, April 6, Collins Maroa, a Chacha Real Estate Company realtor, indicated that existing agreements lack clauses that cover or explain landlords' responsibility after a crime.
According to Maroa, failure to include that clause clearly defining a landlord's responsibility in case of crime or death has implicated some of them in cases.
In the new changes, landlords want tenants held solely responsible for crimes committed in their houses without involving the landlord and other occupants.
"We did not envision that at some point crime would escalate in the country, forcing landlords to be held accountable. So in the future, landlords are going to review the agreements in order to ensure tenants take sole responsibility," the realtor told Kenyans.co.ke.
Justifying the new approach, Maroa indicated several buildings have abided by safety protocols, including setting up CCTV cameras, employing security guards to man and even keeping records of visitors.
According to the realtor, risk assessment studies are done before and after construction, but tenants continue committing crimes attracting law enforcement officers.
"These other safety things such as CCTV are included following risk assessment done during the construction phase, but they cannot cover everything. Also we are not allowed to instal CCTV in houses unless tenant approves, so tenants should be held responsible," Collins insisted.
Lawyer Ken Mugambi corroborated Maroa's argument, insisting that the tenancy agreements determine the fate of landlords in case of a crime in an apartment.
"It depends with the clause,if it is not included, some of them find themselves being held accountable," Mugambi stated.
The changes are also expected to alter rent charges in some Nairobi estates. However, experts in the real estate sector insisted that landlords are obligated to report to the nearest police station in case of a crime on their property. They become persons of interest as the crimes occur on their property.
According to the lawmaker, they can become suspects or witnesses depending on the facts regarding the case.
Besides reporting the matter, landlords must also advise other tenants from messing with the crime scene to allow investigators to gather evidence relevant to prosecute the case.
A case involving Lawrence Njuguna, famously known as DJ Fatxo and Jeff Mwathi, who was found dead outside an apartment, necessitated the changes.
The Directorate of Criminal Investigation visited the apartment, reviewed CCTV footage and reconstructed the murder scene to establish the cause.
DCI is waiting for a fresh postmortem report before issuing a conclusive statement on the case.
