ADVOKS GLOBAL · KENYA
Local Authorities (Recovery of Possession of Property) Act
5. Procedure for recovery of possession
Edition: 2022-12-31 · In force
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.