Local Authorities (Recovery of Possession of Property) Act

LAWS OF KENYA
THE LOCAL AUTHORITIES (RECOVERY OF POSSESSION OF PROPERTY) ACT
CAP. 273
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Local Authorities (Recovery of Possession of Property) Act
Cap. 273
Legislation as at 31 December 2022
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• NC: Only noncommercial uses of the work are permitted.
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Share widely and freely.

Local Authorities (Recovery of Possession of Property) Act (Cap. 273)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation In this Act— ......................................................................................................................................................................... 1
3. Recovery of possession of property ......................................................................................................................................................... 1
4. Summons to tenant ........................................................................................................................................................................................ 1
5. Procedure for recovery of possession ...................................................................................................................................................... 2
6.

................................................................................................................................................. 2
6.

Trespass by local authority and stay of execution of warrant ....................................................................................................... 2
7. Action against local authority for irregularity in obtaining possession ...................................................................................... 2
8. Forms ................................................................................................................................................................................................................... 3
9. Protection of magistrates and police officers ....................................................................................................................................... 3
10. Magistrate may order payment of rent due, award damages and payment of costs ........................................................... 3
11. Warrants not to be executed on a Sunday or public holiday ......................................................................................................

ot to be executed on a Sunday or public holiday ......................................................................................................

3
Schedule ................................................................................................................................................................................................................... 3

.................................................................................................................................................... 3

Local Authorities (Recovery of Possession of Property) Act (Cap. 273) Kenya
LOCAL AUTHORITIES (RECOVERY
OF POSSESSION OF PROPERTY) ACT
CAP. 273
Assented to on 7 April 1951
Commenced on 7 April 1951
[Amended by Local Authorities (Recovery of Possession of Property)
(Amendment) Ordinance, 1952 (Act No. 32 of 1952) on 5 August 1952]
[Amended by Statute Law (Miscellaneous Amendments) Ordinance, 1961 (Act No. 15 of 1961) on 8 August 1961]
[Amended by Local Government Regulations, 1963 (Legal Notice 256 of 1963) on 30 April 1963]
[Amended by Kenya (Amendment of Laws) (Written Laws)
Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
[Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments)
(No. 6) Order, 1964 (Legal Notice 365 of 1964) on 12 December 1963]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to facilitate the recovery of possession of immovable property belonging to local
authorities after the lawful termination of tenancy
1. Short title
This Act may be cited as the Local Authorities (Recovery of Possession of Property) Act. 2. Interpretation In this Act—
"local authority" deleted by L.N.

s Act may be cited as the Local Authorities (Recovery of Possession of Property) Act. 2. Interpretation In this Act—
"local authority" deleted by L.N.

256/1963; Sch.;
"magistrate" means a magistrate holding a subordinate court of the first or second class for the district or
place within which the premises the recovery of which is sought are situated;
"premises" means any land, house or other corporeal hereditament. [Act No. 15 of 1961, Sch., L.N. 256/1983.]
3. Recovery of possession of property
Notwithstanding anything to the contrary in any Act or law, when the term or interest of the tenant of
premises held by him from a local authority at will or for a term not exceeding three years, either with or
without being liable to the payment of rent, has expired or has been legally determined by a notice to quit
or otherwise, and the tenant or (if the tenant does not actually occupy the premises or only occupies a part
thereof) any person by whom the premises or any part thereof are actually occupied neglects or refuses to
quit and deliver up possession of the premises or part thereof, as the case may be, the local authority may
make a complaint in writing on oath before a magistrate. 4.

up possession of the premises or part thereof, as the case may be, the local authority may
make a complaint in writing on oath before a magistrate. 4.

Summons to tenant
(1) Upon receiving a complaint, the magistrate shall issue a summons to the tenant or occupier
neglecting or refusing to quit and deliver up possession requiring him to appear at a time and place
specified in the summons and to show cause why possession of the premises or part thereof should
not be given to the local authority under this Act. (2) The summons may be served either personally or by leaving it with some person apparently
residing at the place of abode of the tenant or occupier or, if the tenant or occupier cannot be found
and either his place of abode is not known or admission thereto cannot be obtained for serving the
1

ier or, if the tenant or occupier cannot be found
and either his place of abode is not known or admission thereto cannot be obtained for serving the
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Local Authorities (Recovery of Possession of Property) Act (Cap. 273) Kenya
summons, the attachment of the summons to the premises held over shall be deemed to be good
service upon the tenant or occupier. 5.

t (Cap. 273) Kenya
summons, the attachment of the summons to the premises held over shall be deemed to be good
service upon the tenant or occupier. 5.

Procedure for recovery of possession
If the tenant or occupier fails to appear at the time and place specified in the summons or to show
reasonable cause why possession of the premises should not be given under this Act and still refuses or
neglects to quit and deliver up possession of the premises, or such part thereof of which he is then in
possession to the local authority, the local authority may give to the magistrate proof—
(a) of the letting of such premises and of the expiry or other determination of the tenancy and of the
holding over;
(b) where the title of the local authority has accrued since the letting of the premises, of the right by
which the local authority claims possession; and
(c) of the service of the summons and of the continued neglect or refusal of the tenant or occupier to
quit and deliver up possession of the premises,
and the magistrate may issue a warrant under his hand to the police officers of the district or place within
which the premises are situated ordering them within a period to be named therein, which shall not
be less than fourteen nor more than twenty-one clear days from the date of the warrant, to enter, with
such assistance as may be authorized by the warrant and by force if necessary, into the premises and give
possession to the local authority.

ter, with
such assistance as may be authorized by the warrant and by force if necessary, into the premises and give
possession to the local authority.

6. Trespass by local authority and stay of execution of warrant
(1) If the local authority to which a warrant granted under section 5 is granted had not at the time of
the granting thereof lawful right to possession of the premises or of the part thereof so held over,
the obtaining of the warrant shall, whether or not entry has been made under or by virtue of the
warrant, be a trespass against the tenant or other occupier of the premises. (2) If the person against whom any such trespass has been committed enters into a bond with two
sureties, to be approved by the magistrate in such sum as to the magistrate may seem reasonable
having regard to the value of the premises and the probable costs of an action for trespass, to
sue without delay the local authority by whom the warrant was obtained and to pay the costs of
such action if judgment is given for the defendant or if the plaintiff discontinues and does not
prosecute the action or is non-suited therein, then execution of the warrant shall be suspended
until judgment has been given in the action for trespass, and if a verdict is given in favour of the
plaintiff the verdict shall supersede the warrant.

ntil judgment has been given in the action for trespass, and if a verdict is given in favour of the
plaintiff the verdict shall supersede the warrant.

(3) A bond mentioned in subsection (2) shall be given to the local authority at the cost of that local
authority and shall be approved by the magistrate, who shall indicate his approval by signing his
name on the bond, and if the bond is forfeited or if, upon the trial of the action for securing the trial
of which the bond was given, the judge or magistrate by whom it is tried does not endorse upon the
record of the case that the condition of the bond has been fulfilled, the local authority to which the
bond was given may bring an action and recover thereon:
Provided that the court before which the last-mentioned action is brought may make an order
giving such relief to the parties to the bond as the Justice of the case may require, and any such
order shall have the effect of a defeasance to the bond. 7.

uch relief to the parties to the bond as the Justice of the case may require, and any such
order shall have the effect of a defeasance to the bond. 7.

Action against local authority for irregularity in obtaining possession
Where the local authority at the time of applying for a warrant had lawful right to the possession of
the premises or of the part thereof so held over, neither the local authority nor any person acting on its
behalf shall be deemed to be a trespasser by reason merely of an irregularity or informality in the mode
of proceeding for obtaining possession under the authority of this Act, but any party aggrieved may bring
an action for the irregularity or informality, in which the damage alleged to be sustained thereby shall be
specially pleaded, and may recover full satisfaction for that damage with the costs of the suit:
2

the damage alleged to be sustained thereby shall be
specially pleaded, and may recover full satisfaction for that damage with the costs of the suit:
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Local Authorities (Recovery of Possession of Property) Act (Cap. 273) Kenya
Provided that, if the special damage so pleaded is not proved, the defendant shall be entitled to a verdict
and if the special damage is proved but is assessed at a sum not exceeding twenty shillings the plaintiff
shall recover no more costs than damages, unless the judge or magistrate before whom the trial is held
certifies on the record that in his opinion full costs ought to be allowed. 8. Forms
(1) A complaint under section 3 shall be in Form A in the Schedule. (2) A summons under section 4 shall be in Form B in the Schedule. (3) A warrant under section 5 shall be in Form C in the Schedule. 9. Protection of magistrates and police officers
No action or prosecution shall lie against the magistrate by whom a warrant is issued or against a
police officer by whom the warrant is executed in respect of the issuing or executing of the warrant
respectively by reason that the local authority on whose application it was granted had no lawful right to
the possession of the premises in respect of the recovery of which the warrant was issued. 10.

whose application it was granted had no lawful right to
the possession of the premises in respect of the recovery of which the warrant was issued. 10.

Magistrate may order payment of rent due, award damages and payment of costs
The magistrate may, at the time of and in addition to the granting of a warrant under section 5, order the
defendant to pay—
(a) any rent due and unpaid;
(b) such sum by way of damages for his neglect or refusal to quit and deliver up possession as the
magistrate thinks fit, but not exceeding an amount equal to three months’ rent of the premises;
(c) the costs of the proceedings. 11. Warrants not to be executed on a Sunday or public holiday
A warrant under section 5 shall not be executed on a Sunday or a public holiday, nor on any day except
between the hours of eight o’clock in the morning and four o’clock in the afternoon. Schedule
FORM A (s. 8(1))
This complaint of ......................................................................................................... acting on behalf of ....................................................................................................... 3

........................ acting on behalf of ....................................................................................................... 3

Local Authorities (Recovery of Possession of Property) Act (Cap. 273) Kenya
a local authority within the meaning of the Local Authorities (Recovery of Possession of Property) Act,
made and taken on oath before me, ..................................... a magistrate of a subordinate court of the
........................ class having jurisdiction within the limits of the ..................................... Province/
District, who saith-
1. That certain premises situated at .......................................................................in
the .........................................District in the ............................................... Province were let
to ................................................ of ..................................................... at a rent of .............................. on
the .................................... day of .................. 20 ......
And are at present occupied by ........................... [occupier] .............................. of
.........................................................[address] ............................................
4