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Tourism Act

This Is An Act Of Parliament To Provide For The Development, Management, Marketing And Regulation Of Sustainable Tourism And Tourism-related Activities And Services

This framework is established and published in the Kenya Gazette at least once in every five years which directs how the industry will be marketed, improved and regulated.

The strategy directs the principles, objectives, standards, indicators, procedures and incentives for the development, management and marketing of sustainable tourism and shall, in particular make recommendations on:

  1. packaging of niche tourism products and services
  2. standards for tourism area development plans
  3. measures to faciliate and enhance domestic and regional tourism taking note of County governments.
  4. priority areas for tourism development, capacity building and training
  5. innovative schemes, incentives adn ethics to be applied in the development and marketing of sustainable tourism, including public private partnerships
  6. clear targets indicating projection in the tourism growth over the next five years
  7. national tourism research and monitoring priorities and information systems including: collection and management of tourism data and information; intelligence gathering; procedures for gathering tourism data and the analysis & dissemination of tourism information and tourism management information systems
  8. measures necessary to ensure equitable sharing of benefits in the tourism sector
  9. adaptaton and mitigation measures to avert adverse inpacts of climate change on tourism products and services
  10. reflect regional cooperation and common approaches in tourism development, marketing and regulation and
  11. any other matter that the minister considers necessary to enhance sustainable tourism in the country.

The Act requires that the public and stakeholders are consulted when formulating the National Tourism Strategy.

The authority is established under section 4(2) of this Act. The authority has legal capacity to sue or be sued. It can hold property, borrow money and enter contracts.

The Headquarter of the authority is based in Nairobi. (Section 5)

The purpose of the Authority is to regulate the Tourism Sector.

 

The functions of the authority include:

  • Formulating guidelines and prescribing measures for sustainable tourism throughout the country
  • Regulating tourism activities and services countrywide according to the National Tourism Strategy
  • To register, licence and grade all sustainable tourism and tourist-related activities and services including cottages and private residences engaged in guest house services
  • To develop and implement in consultation with relevant stakeholders, criteria for standardization and classification of tourism facilities and services
  • To develop and regulate, in consultation with the Ministry of Education, tourism and hospitality curriculum, examination and certification
  • To develop and implement a code of practice for the tourism sector
  • To ensure the development and implementation of high quality tourism sector
  • To vet and recommend expatriates seeking employment in the tourism and hospitality sector
  • Monitoring and assessing tourist activities and services to enhance continous improvement and adherence to sound principles and practices of sustainable tourism
  • To undertake, annually, an assessment and audit of tourism activities and services, measures and initiatives at the national level, and prepare and publish an annual national tourism sector status report, in consultation with the Minister and the relevant lead agencies.

The authority shall have a twelve member board headed by the chairperson who is appointed by the President and approved by the National Assembly.

The Board consists of:

  • Chairman
  • Permanent Secretary Ministry of Tourism/ Representative
  • Permanent Secretary Ministry of Planning and National Development/ Representative
  • Permanent Secretary Ministry of Finance/ Representative
  • Permanent Secretary Ministry of  Environment/ Representative
  • Director General of the Authority (also Secretary of the Board)
  • Cabinet Secretary Appointees:
    • 2 persons nominated by the registered tourism sector associations
    • 4 persons who have expertise in tourism or tourism-related disciplines

SECTION 8(2): The members of the Board should be appointed at different times so that their appointment expires at different times.

SECTION 9(3): The Board is paid an allowance determined by the Minister of Tourism in consultation with the Minister of Finance

SECTION 10: The Board members hold office for a maximum of 3 years but can be re-appointed only once for another 3 years

The functions of the Board include to:

  • ensure the proper and effective performance of the functions of the Authority;
  • approve and ratify the policies of the Authority;
  • manage, control and administer the assets of the Authority in a manner and for purposes that promote the object and purpose of the Authority;
  • receive any gifts, grants, donations or endowments made to the Authority;
  • determine the provisions to be made for capital and recurrent expenditure, and for the reserves of the Authority;
  • open bank accounts for the funds of the Authority;
  • subject to the approval of the Minister for the time being responsible for matters relating to finance, invest any of the Authority funds not immediately required for the purposes of this Act, as it may determine;
  • determine and specify the terms and conditions for the appointment and emoluments of the personnel of the Authority;
  • co-operate with other organizations undertaking functions similar to its own, whether within or outside Kenya as it may consider appropriate and in furtherance of the object and purpose of the Authority;
  • provide for a staff superannuation scheme for the employees of the Authority; and
  • approve the borrowing of funds in consultation with the Minister for the time being responsible for matters relating to finance.

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