The County Tourism Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Counties to Take Over Local Tourism Licensing
The Bill introduces a new county-level licensing regime for local tourism activities. Operators of listed enterprises—including hotels, homestays, restaurants, and water sports—must obtain licences from the respective county executive committee member. Licences expire on 31st December of the year of issue, and renewal applications must be submitted at least two months prior to expiry.
National Authority Stripped of Local Powers
Section 21 of the Bill amends Section 7 of the Tourism Act (No. 28 of 2011). It explicitly prohibits the national Tourism Regulatory Authority from issuing, varying, or renewing licences for activities classified as local tourism under this Act.
Creation of Special Local Tourism Management Areas
Under Section 6, a county executive committee member may designate areas of archaeological, ecological, historical, cultural, or spiritual significance as special local tourism management areas. This process requires public participation and consultation with the National Environment Management Authority (NEMA) and the National Museums of Kenya.
Fines of up to KSh 2 Million for Licensing Violations
Conducting local tourism without a licence, providing false information, or using forged documents is an offence under Section 17. Natural persons face fines up to KSh 500,000, imprisonment up to one year, or both. Corporate entities are liable to fines up to KSh 2 million, and their principal officers face individual fines up to KSh 500,000 or one year in jail.
Bill No.
No. 37 of 2024
Gazette No.
Supplement No. 134 of 2024
Sponsor
Betty Batuli Montet
Background
Although paragraph 7(d) of Part 2 of the Fourth Schedule to the Constitution of Kenya designates local tourism as a county government function, there is currently no national legislation that provides a structured framework for counties to manage and license local tourism. The County Tourism Bill, 2024 seeks to bridge this legislative gap by vesting the development, regulation, and licensing of local tourism services in county governments.
Key Amendments
- Tourism Act (No. 28 of 2011): Section 21 of the Bill amends Section 7 of the Tourism Act to bar the national Tourism Regulatory Authority from issuing, varying, or renewing licenses for any activities classified as local tourism. Where conflict arises between the Tourism Act and the County Tourism Act, the provisions of the County Tourism Act shall prevail.
New Obligations
- Five-Year Tourism Strategy: Each county executive committee (CEC) member responsible for tourism must formulate a local tourism strategy at least once every five years (Section 5).
- Mandatory Licensing: Tourism operators in listed categories (including hotels, homestays, restaurants, amusement parks, and water sports) must apply for and obtain a county license before operating (Section 7).
- Corporate Reporting: Corporate licensees must notify the CEC member of any changes in directorship or shareholding (Section 8).
- Registers and Reporting: Counties must maintain a detailed register of all licenses, facilities, and tourism associations, and provide updated copies to the national Tourism Regulatory Authority every month (Section 16).
- Consultation for Special Areas: Before designating a special local tourism management area, the CEC member must consult the National Environment Management Authority (NEMA) and the National Museums of Kenya (Section 6).
Penalties
- Licensing and Compliance Violations: Operating without a license, making false representations, or using forged documents carries the following penalties under Section 17:
- Individuals: A fine not exceeding KSh 500,000, imprisonment for a term not exceeding one year, or both.
- Corporates: A fine not exceeding KSh 2 million.
- Corporate Officers: Principal officers of a non-compliant corporation are deemed to have committed the offense and face a fine up to KSh 500,000, imprisonment up to one year, or both.
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