A tenant has accused Gathumbi & Associates Company Limited, a Nairobi property management firm, of discriminating against prospective tenants on the basis of ethnicity.
The complainant alleges that the company, which manages residential properties in Nairobi, refuses to rent houses to people from the Luo community. The allegation has not been independently verified.
If true, such conduct would raise serious concerns under Kenya's constitutional protections against discrimination. The Constitution guarantees equality before the law and prohibits discrimination based on ethnicity, race and other protected characteristics.
The company is led by J. S. Gathumbi, who identifies himself publicly as the Managing Director of Gathumbi & Associates Company Limited. As the head of the firm, he would be expected to respond to concerns about the company's tenant selection practices and whether any policies exist that could amount to ethnic discrimination.
According to the complainant, the alleged practice has existed for years and is well known among prospective tenants who have attempted to rent properties managed by the company. The source claims that applicants from the Luo community are turned away or denied housing opportunities because of their ethnicity rather than their ability to meet the financial and contractual requirements expected of tenants.
The complaint now places the spotlight on J. S. Gathumbi, who publicly identifies himself as the Managing Director of Gathumbi & Associates Company Limited. As the head of the firm, he would be expected to explain the company's tenant selection process, whether any policies exist governing the screening of prospective tenants and whether ethnicity plays any role whatsoever in rental decisions.
Below is the complaint received.
Hello Nyakundi.
It has been years but Gathumbi & Associates is a tribal outfit, fronting as a law firm but also doubling as a real estate manager that does not allow Luos to rent their houses.
Housing is one of the most basic needs protected under Kenya's legal framework. The Constitution of Kenya guarantees every person equality before the law and prohibits discrimination on grounds including race, ethnic origin and social background. Landlords and property managers are generally expected to make decisions based on lawful and objective considerations such as a tenant's ability to pay rent, references and compliance with tenancy requirements, rather than ethnic identity.
The allegations have also renewed debate about claims of ethnic profiling within Kenya's housing market. Over the years, tenants have occasionally alleged that some landlords or property managers quietly reject applicants from particular communities. Such claims are often difficult to prove because decisions are rarely communicated in writing, leaving many prospective tenants convinced they have been discriminated against but without documentary evidence.
Consumer rights advocates argue that if property managers are making decisions based on ethnicity, the practice would undermine the constitutional principle that every Kenyan should have equal access to housing opportunities regardless of where they come from.
The complainant says the alleged conduct has become so common that some prospective tenants avoid approaching properties managed by the firm altogether because they believe they will automatically be rejected.
