Dated this day of

2024

MABUYA THUO GATHITU

(The “Landlord”)

AND

DANIEL WAGECHE NJOROGE

(The “Tenant”)

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TENANCY AGREEMENT

OF

ROOM NUMBER 3 SITUATED IN KIANJATA BUILDING

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Drawn by;
Njuguna Mwangi & Company
Advocates
Isamak House, 1st Floor, RM 3
P.O. Box 52-20319
South Kinangop.
This TENANCY AGREEMENT is made BETWEEN MABUYA THUO GATHITU of I.D
No. 0425239 and [Link] Number 330 South Kinangop (hereinafter referred to as
the “LANDLORD” which expression shall where the context admits mean his assigns
or personal representatives or assigns) of the one part AND DANIEL WAGECHE
NJOROGE of I.D No. 35992057 and of P.O. Box Number 140 South Kinangop
(hereinafter referred to as the “TENANT” or where the context admits shall include
his personal representative or assign) of the other part.

Whereby it is mutually agreed by and between the parties hereto as

follows:
1. That this tenancy agreement is valid from the date of signing of this
agreement until terminated by either party.

2. The Landlord agrees to let and the Tenant agrees to take Room Number 3 in
Kianjata Building at the monthly rental of Kenya Shillings Six Thousand
(6,000/=) only payable monthly in advance as follows:

a. On or before the date of commencement of the tenancy, the first five

months’ rent of Kenya Shillings Thirty Thousand (Kes. 30,000/-)
only to be deposited in the Landlord’s account at KCB Bank, Account
Number 1167516532
b. One months’ rent deposit of Kenya Shillings Six Thousand (Kes.
6,000/=) only to be deposited in the aforementioned account.
c. Thereafter the rent for the six month and every succeeding month of
the tenancy and any other outgoings to be deposited in the Landlord’s
Account not later than the 5th day of each month.
d. No rental shall be withheld irrespective of any claim arising out of any
cause whatsoever and for the avoidance of doubt at no time shall the
rent be payable in cash or in any manner other that as provided
hereinabove.
e. The Tenant shall be responsible for payment of all water and electricity
charges incurred during the tenancy. The Tenant shall pay a fixed sum
of Kenya Shillings One Hundred (Kes. 100/-) per month towards water
bills, payable on the same day as rent. The Tenant shall be responsible
for payment of electricity bills based on the actual consumption as per
Kenya Power and Lighting Company's (KPLC) billing system. All
payments shall be made directly to KPLC as per the issued bills.

3. The Landlord reserves the right to increase the rent, provided that written
notice of the intended increase is served to the Tenant not less than three (3)
months prior to the effective date of the proposed increase. The new rent
shall take effect on the date specified in the notice unless the Tenant
provides written notice of termination of the lease within thirty (30) days of
receiving the rent increase notice.

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The Tenant hereby agrees with the Landlord as follows:

4. To pay the rent on the days and manner aforesaid without any deductions
whatsoever and further that the deposit to be held by the Landlord equal to
one months’ rent shall be held by the Landlord to the Tenant’s account until
determination of the tenancy. Provided however that the Landlord shall hold
the deposit required above (without payment of any interest thereon) upon
the condition that the deposit be returned in full upon payment of all
outstanding rental and utility bills and completion of redecoration and repair
at the determination of the lease.

5. The Tenant shall keep the premises and surrounding compound in good
Tenantable condition.

6. To keep the premises clean, and fixtures therein clean and in good
tenantable condition and hand over property and fixtures at the expiry or
earlier determination of the tenancy in the same condition and repair as on
entry – fair wear and tear expected.

7. To pay for the replacement or make good, repair or restore all such fittings
and internal plumbing as shall be broken lost damaged or destroyed during
the tenancy and to replace any keys ( or appropriate locks) which are shown
on the inventory and which are lost, broken, damaged or destroyed.

8. To keep the interior of the premises including all doors, windows, locks
fastenings, keys, water tanks and electric fittings (other than electrical
apparatus forming part of the electrical wiring of the premises) bells and
other fixtures in good and tenantable repair and condition (fair wear and tear,
damage by fire, burglary, storm exempted) and to make good, at his own
expense, any damage caused by willful neglect or default of the Tenant or of
the servants or licensees of the Tenant to any portion of the premises which
are bound to be maintained under covenant given by the Landlord, which
includes walls, ceilings, floor, windows, doors and will repair at his own
expense if required to do so by the Landlord or his authorized agent.

9. At the expiration or sooner determination of the tenancy surrender the

premises to the Landlord in such good order and condition as aforesaid (fair
wear and tear and loss or damage through burglary and accident fire only
excepted) and with all locks and keys and fastenings complete and replace
any keys (or the appropriate locks), which are lost and make good repair or
restore all such of the articles of fixtures and effects as shall be broken, lost
or damaged or destroyed during the tenancy.

[Link] Tenant shall report immediately to the Landlord any defects, which may
develop in the structure of the premises to enable immediate steps to be
4
 taken to have such defects put in order. Should the Tenant fail to report such
defects then he will be liable for any additional damages due to neglect to
take proper action.

[Link] Tenant shall not sublet the premises or any part thereof.

[Link] Tenant shall use the premises for his own residential purpose only and
will not carry on any form of business or use the premises as a boarding
house.

[Link] to do or permit to be done anything in or upon the premises or any part

thereof which may at any time be or become a nuisance or annoyance to the
neighbours or injurious or detrimental to the reputation of the premises.

[Link] take every reasonable precaution to ensure that the premises is not
infested with white ants, bees or other destructive insects and rodents and to
take any necessary steps to eliminate such infestation including notifying the
Landlord forthwith in the event of any infestation appearing.

[Link] to make any alterations or additions to the premises or to drive any nails,
screws or other fasteners into the walls, floors, doors or ceilings without the
consent in writing of the Landlord or authorized agents.

[Link] at any time and for any duration the term of this Agreement the said
premises become and/or remain unoccupied the Tenant shall make the
necessary arrangements as to guard against damage, vandalism, theft,
breaking, or any other type of damage to the said premises or part of the
said premises for the duration the said premises remain unoccupied and the
Tenant shall be responsible for costs and expenses for repairing any damage
caused by failure on the Tenant’s part to observe and/or perform this and
other provisions in this Tenancy Agreement. Such security arrangements
shall be at the expense of the Tenant.

[Link] the event of the Tenant changing his physical address and / or postal
address he shall immediately inform the Landlord or authorized agents in
writing of the same.

[Link] the rent herein agreed or any part thereof shall be in arrears or unpaid
after becoming due, the rent shall accrue interest at the rate of 5% per
month and upon expiry of Seven (7) days after the same have become due
the Landlord shall be entitled to take action and enter upon the said premises
or any part thereon, assume possession of the premises and thereby the
tenancy hereby created shall determine but without prejudice to the right of
action by the Landlord for damages and recovery of the arrears of rent, and/
or obtain the redress required.

[Link] Tenant shall redecorate and varnish the premises seven (7) days prior to
the expiry or earlier determination of the tenancy all the inner walls and
5
 fixtures with two coats of good paint (1 st grade) of the same colour and
quality and the Tenant will also during the last one month of tenancy permit
any person or persons on permission of the landlord to enter and inspect the
said premises at reasonable times.

The Landlord hereby agrees with the Tenant as follows:

[Link] Landlord shall pay all rates and taxes in respect of the said premises
other than those of which the Tenant is liable under the provisions of this
Agreement.

[Link] Landlord shall keep the roof, main walls and timber forming the outside
of the said premises in good and Tenantable repair, order and condition as on
entry to the said premises.

It is hereby agreed between the Landlord and the Tenant as follows:

[Link] Tenant paying the rent hereby reserved and performing and observing
all the agreements and conditions herein contained or implied on his part to
be performed and observed shall and may peaceably and quietly hold and
enjoy the premises during the tenancy hereby created without any
interruption from or by the Landlord or any person(s) on his behalf.

[Link] any of the parties wish to terminate this contract then the same may be
terminated on Three (3) calendar months prior written notice to the other
party such notice being given from the first calendar day of any given month,
provided all other terms of the agreement have been complied with.

[Link] notice under this Agreement shall be in writing and any notice to the
Tenant shall be sufficiently served if addressed to the Tenant and delivered
to the said premises or sent by registered post to his last known address in
Kenya, and any notice to the Landlord shall be sufficiently served if delivered
to the Landlord personally or sent by registered post to the last known
address in Kenya.

[Link] the Tenant or the Landlord as the case may be after notice in writing given
to the other party requiring to carry out any work of repair or redecoration for
which is lawfully liable shall fail to commence and diligently proceed with
such works within thirty days it shall be lawful for the party giving such notice
to carry out and execute such works and the cost thereof shall be a debt due
from the other party and be forthwith recoverable by action and from rent
payable.

[Link] Landlord or his authorized agent retains the right to enter the premises,
to carry out inspections and will first give a reasonable notice to the Tenant
to enter the premises and the Tenant will also during the last month of the
tenancy permit any person or persons authorized by the landlord to enter and
inspect the premises.
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 IN THE WITNESS WHEREOF the parties hereto have thereunto set their
hands the day and year hereinabove written.

SIGNED by the Landlord )

)
MABUYA THUO
GATHITU )___________________________
)
In the presence of: )
)
Advocate )

I certify that I was present and saw MABUYA THUO GATHITU duly sign
this Agreement.
…………………………………………………………………………...
ADVOCATE

SIGNED by the Tenant

DANIEL WAGECHE NJOROGE )
)
) ___________________________
In the presence of : )
Advocate )
)
I certify that I was present and saw DANIEL WAGECHE NJOROGE duly
sign this Agreement.
…………………………………………………………………………...
ADVOCATE

Drawn by;
Njuguna Mwangi & Company
Advocates
Isamak House, 1st Floor, RM 3
P.O. Box 52-20319
South Kinangop.