THE TOURISM (AMENDMENT) BILL, 2026

Background

The principal object of the Tourism (Amendment) Bill, 2026, is to amend the Tourism Act, Cap. 381, to streamline the management of Tourism, thereby enhancing efficiency, accountability, and service delivery within the sector. The Bill achieves this by reassigning functions previously carried out by the Tourism Research Institute to the Kenya Tourism Board. It also seeks to repeal specific provisions, notably Part IV of the Act, and delete the functions of the Tourism Finance Co-operation. Furthermore, the Bill includes transitional provisions for the transfer of rights, obligations, assets, and liabilities from the abolished entities to the Kenya Tourism Board.

Key Amendments

• Amendment of Section 31 of Cap. 381 (Functions of the Kenya Tourism Board): Clause 2 of the Bill amends section 31 of the principal Act, modifying the functions of the Kenya Tourism Board. Specifically:

  • Paragraph (c) is substituted to mandate the Board to "undertake research and market intelligence to inform product development and marketing including collection and analysis of information relating to tourism products and services, market needs, trends in tourism, sustainable tourism and related areas;"
  • Paragraph (d) is substituted to require the Board to "publish annually research findings and tourism statistics and disseminate to stakeholders;"
  • New paragraphs (e) and (f) are inserted to oblige the Board to "foster learning and exchange of views on issue relating to tourism research and marketing;" and "perform any other functions that are ancillary to the object and purpose for which the Kenya Tourism Board is established."

• Repeal of Tourism Research Institute Provisions (Sections 51-65 of Cap. 381): Clauses 3 to 17 of the Bill repeal sections 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65 of the principal Act. These repealed sections previously established the Tourism Research Institute, defining its object, purpose, functions, board composition, tenure, meeting conduct, disclosure of interest rules, delegation of functions, appointment of Director and staff, research permit requirements, establishment of a tourism database, access to public records, funds, and monitoring mechanisms.

• Amendment of the Tourism Fund Provisions (Sections 66 and 68 of Cap. 381):

  • Clause 18 repeals the expression "PART IV-ESTABLISHMENT OF FINANCIAL BODIES, A. Tourism Fund" that appeared immediately after section 65.
  • Clause 19 amends Section 66 by inserting a new paragraph (ea) to specify that "proceeds realized under section 3 of the Air Passengers Service Charge Act" (Cap. 475) shall be paid into the Tourism Fund.
  • Clause 20 replaces Section 68 entirely, redefining the object and purpose of the Tourism Fund. The new objectives include financing:
    • The development of tourism products, services, events establishments, and facilities.
    • Market, promotion, and branding of Kenya in local, domestic, regional, and international market segments.
    • Programmes and initiatives for tourism safety and security.
    • Tourism data capture and analysis, research, intelligence, and the national tourism information management system.
    • A tourism sector safety communication and crisis management centre to be established and managed by the Ministry.
    • Training and capacity development of tourism and hospitality training institutions.
    • Mobilization of resources to support tourism-related activities.
    • Co-financing tourism development and promotion projects with county governments and other partners.
    • Development of innovations and inventions supporting tourism promotion.
    • Development standards and capacity in the tourism sector.

• Repeal of Tourism Finance Corporation Provisions (Sections 75-86 of Cap. 381): Clause 21 amends Part IV of the principal Act by deleting the sub-heading "Tourism Finance Co-operation." Clauses 22 to 33 repeal sections 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, and 86 of the principal Act. These sections previously governed the establishment, object, purpose, board, tenure, meeting conduct, disclosure of interest, delegation of functions, appointment of CEO and staff, functions of CEO, loans and credit facilities, funds, and Treasury directives for the Tourism Finance Corporation.

New Obligations

Following these amendments, the Kenya Tourism Board now assumes the obligations related to comprehensive tourism research, market intelligence, and the publication and dissemination of tourism data, functions previously dispersed or managed by the abolished Tourism Research Institute. The Tourism Fund, with its expanded and redefined purpose, is obligated to strategically finance a broader scope of tourism development, promotion, safety, and capacity-building initiatives as outlined in the new Section 68.

Transitional Provisions

• For the Tourism Research Institute (Clause 34): Upon the commencement of this Act, all existing property, assets, rights, liabilities, obligations, agreements, and other arrangements of the Tourism Research Institute are deemed transferred to the Kenya Tourism Board. Any legal proceedings pending involving the Institute will continue by or against the Kenya Tourism Board. Licenses, certificates, approvals, or permissions issued by the Institute before the Act's commencement are considered issued by the Kenya Tourism Board and remain valid. Employees of the Tourism Research Institute are to be deployed to the Public Service Commission.

• For the Tourism Finance Co-operation (Clause 35): Similarly, upon the commencement of this Act, all existing property, assets, rights, liabilities, obligations, agreements, and other arrangements of the Tourism Finance Co-operation are deemed transferred to the Kenya Tourism Board. Any legal proceedings pending involving the Co-operation will continue by or against the Kenya Tourism Board. Licenses, certificates, approvals, or permissions issued by the Co-operation before the Act's commencement are considered issued by the Kenya Tourism Board and remain valid. Employees of the Tourism Finance Co-operation are to be deployed to the Public Service Commission.