Distress for Rent Act

15. Distress for rent not unlawful for any irregularity

Edition: 2022-12-31 · In force

15. Distress for rent not unlawful for any irregularity

Where distress is made for any kind of rent justly due, and any irregularity or unlawful act is afterwards done by the party distraining, or by his agents, the distress itself shall not be therefore deemed to be unlawful nor the party making it be deemed a trespasser ab initio, but the party aggrieved by the unlawful act or irregularity may recover full satisfaction for the special damage he has sustained thereby in a suit for that purpose:Provided that—

(i)when the plaintiff recovers in that suit, he shall be paid his full costs of suit and have the same remedies for them as in other cases of costs;

(ii)no tenant or lessee shall recover in any suit for any such unlawful act or irregularity, if tender of amends has been made by the party distraining or his agent before the suit is brought.

[Act No. 5 of 1996, s. 34.]

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Source: Kenya Law