We have received complaints from some of our members regarding residents of their neighbourhoods who refuse to abide by the rules and regulations of the Association or pay the agreed subscription/service fee.

The argument by such residents is that there is no law compelling them to cooperate with the Association. However, we wish to advise that such arguments do not hold water and can be successfully challenged. In a ruling made by Justice David Majanja on 29th January 2014 under Petition No.501 of 2013, Dr. Kiriinya M. Mwenda vs Runda Water Ltd and Runda Association, he was very categorical that any beneficiary of common services provided by residents associations including security, maintenance and upkeep of the Estate should pay the fees applicable and determined by the Association for the services. Please find attached the ruling and refer to paragraph 24 and 27.

In the meantime, Kara is pushing for a stand-alone legislation to address such issues both at the County and National level. The reviewed Bill for Nairobi County is due for 3rd reading at the County Assembly when the Assembly reopens. This will address County specific issues/challenges of residents associations and collaboration with the County Government. We intend to have a similar Bill for other Counties. We are also working on the National Residents Association Bill to address broader residents associations issues. The Bill is being handled by Hon. Isaac Mwaura who will introduce it to the National Assembly. The passing of the Bills into law will strengthen Associations and make them more effective. Thank you.