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LEGAL

Terms of service

The agreement between you and Kazoku when you use our services.

Last Updated January 1, 2025

Welcome to Kazoku Properties, a property management platform operated by Jama Kazoku Ltd. These Terms of Service ("Terms") govern your use of our platform, including our website, mobile applications, and related services (collectively, the "Services").

1. Acceptance of Terms and Role Definitions

1.1 Legal Agreement

By registering for and using the Kazoku Properties platform, you enter into a legally binding contract governed by the Contracts Act and the laws of Kenya. If you do not agree to these Terms, please do not use our Services.

1.2 User Roles

The platform serves the following user types, each with specific responsibilities:

  • Landlord/Owner: Responsible for property habitability, compliance with the Landlord and Tenant Act, and tax compliance including MRI tax filing.
  • Agent: Must be registered with the Estate Agents Registration Board (EARB) to legally manage property on behalf of others. Operating without EARB registration is a criminal offense.
  • Tenant: Obligated to pay rent on time as specified in the lease agreement and maintain the property's interior in good condition.
  • Caretaker: Acts as the on-site operational bridge for maintenance, inspections, and day-to-day property management under the direction of the landlord or agent.

2. Financial Terms & Payment Processing

2.1 M-Pesa & Automated Receipts

Rent paid via integrated M-Pesa STK Push or Paybill will generate an immediate digital receipt, which serves as a mandatory legal record of payment under the Landlord and Tenant Act. Landlords are required by law to issue rent receipts for all payments received.

2.2 Security Deposits

  • Security deposits are refundable and held in trust, not as landlord income.
  • Deductions are only permitted for documented damages beyond normal wear and tear, unpaid rent arrears, or outstanding utility bills.
  • Deposits must be refunded within a reasonable time after tenancy ends, minus any lawful deductions with documented evidence.

2.3 Monthly Rental Income (MRI) Tax

The platform calculates the 7.5% MRI tax for residential properties earning between KSh 288,000 and KSh 15 million annually. Property managers may be designated as withholding agents to remit this tax directly to KRA via the e-RITS system.

Landlords remain ultimately responsible for their tax obligations. We provide tools to assist with calculation and may facilitate filing, but do not provide tax advice.

3. Property Operations & Habitability

3.1 Duty of Habitability

As enshrined in the Constitution of Kenya 2010 (right to adequate housing), landlords must ensure premises are:

  • Safe and structurally sound
  • Equipped with functional plumbing and sanitation
  • Supplied with working electrical systems
  • Free from health hazards

3.2 Maintenance Workflow

Tenants have the right to report repairs through the platform. Landlords must respond promptly to essential service failures including water, electricity, and sanitation. All maintenance requests and responses are logged for dispute resolution purposes.

3.3 Right to Privacy

Landlords or caretakers must provide at least 24-hour notice before entering a unit for inspection or repairs, except in genuine emergencies (fire, flooding, gas leak, or similar immediate threats to life or property).

4. Prohibited Conduct & Legal Protections

4.1 No Self-Help Evictions

The following actions are explicitly forbidden and may constitute criminal offenses:

  • Unlawful lockouts or changing locks to deny tenant access
  • Removal of doors, windows, or other fixtures
  • Disconnection of utilities (water, electricity) to force rent payment
  • Harassment or intimidation of tenants
  • Removing or destroying tenant property

4.2 Due Process for Eviction

Lawful evictions must follow a structured procedure:

  • Written Notice: Formal written notice specifying the grounds (typically 30 days for monthly tenancies)
  • Court Application: If the tenant does not vacate, the landlord must apply to court
  • Court Order: Only a valid court order authorizes eviction
  • Execution: Eviction must be carried out by court officials, not the landlord

4.3 Distress for Rent

Seizing a tenant's belongings to recover rent arrears is prohibited without a court order and must be performed by a licensed auctioneer. Self-help seizure of property is illegal.

5. Data Protection & Privacy

5.1 Privacy by Design

The platform complies with the Data Protection Act (2019) of Kenya by collecting only minimal information necessary for invoicing and payments. See our Privacy Policy for full details.

5.2 Confidentiality

Landlords and agents have a legal responsibility to keep tenant personal information confidential and must obtain explicit consent before sharing it with third parties (except as required by law or to complete the service).

6. Dispute Resolution

6.1 Amicable Settlement

We encourage parties to resolve disputes first through mediation or internal grievance mechanisms. Contact us at info@kazokuproperties.com for assistance with dispute resolution.

6.2 Jurisdictional Forums

If amicable settlement fails, the following forums have jurisdiction:

  • Small Claims Court: For deposit refund and arrears disputes up to KSh 1,000,000. This court offers simplified procedures without the need for legal representation.
  • Rent Restriction Tribunal (RRT): For active residential disputes where rent is ≤ KSh 2,500 per month.
  • Business Premises Rent Tribunal (BPRT): For commercial "controlled tenancies" under the Landlord and Tenant (Shops, Hotels, Catering Establishments) Act.
  • Environment and Land Court: For complex property disputes, title issues, and matters beyond the jurisdiction of tribunals.

7. Disclaimer

7.1 Non-Legal Advice

The platform provides property management tools and general information, not professional legal advice. For specific legal matters, consult a qualified advocate licensed by the Law Society of Kenya.

7.2 Service Limitations

Jama Kazoku Ltd does not:

  • Guarantee the suitability of any tenant or property
  • Act as a party to any lease agreement between Landlords and Tenants
  • Guarantee uninterrupted access to the platform
  • Verify the accuracy of all user-submitted information

7.3 Limitation of Liability

To the maximum extent permitted by law, Jama Kazoku Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform.

8. Termination

8.1 Termination by You

You may terminate your account at any time by contacting our support team. Upon termination, you must fulfill any outstanding obligations under active lease agreements.

8.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms, engage in illegal activity, or conduct that we determine to be harmful to other users or the platform.

9. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes through the platform or via email. Your continued use of the platform after such changes constitutes your acceptance of the modified Terms.

10. Contact Us

If you have any questions about these Terms, please contact us: