Ministry of Tourism, Kenya

Tourism Legislation

Fourth Annual Ecotourism Conference

21st February 2012

Nairobi

Background

Tourism sector has relied on outdated & fragmented policy and legal instruments:

Sessional Paper No. 8 of 1969 on Development of Tourism in Kenya;

Tourist Industry Licensing Act (TILA) Cap 381 of

1968;

Hotels & Restaurants Act (HRA) Cap 494 of 1972;

KTDC Act,1967; Wildlife Act Cap 376

Need for New Policy & Legal Framework

After impressive growth from1960s - 1980s the sector witnessed unprecedented decline from the 1990s

Socio-economic, geo-political, environmental and technological forces of change introduced new concepts of doing business

Over reliance on the traditional beach and wildlife ‘safari’

Unplanned expansion of accommodation facilities in key tourism areas

Need for harmonization of policies & legislation

New Tourism Policy Sessional Paper No.1 of 2010 on Enhancing

Sustainable Tourism in Kenya

Goal: achieve sustainable tourism that contributes to a better quality of all people

Key Guiding Principles: community values; code of practice; environmental assessment; sustainable use; conservation; inter and intra-generational equity, polluter pays principle, etc

Ministry of Tourism, Kenya

New Tourism Policy

Enhancing Tourism Development

1. Product diversification ( eco-tourism, community based projects; homestays, agro-tourism, MICE);establish carrying capacities for Tourism Areas

2. Promote Tourism ethics and standards

3. Tourism Pricing

4. Research

5. Infrastructure and transport Tourism Promotion and Marketing Human Resource Development Legal and Institutional Framework

Ministry of Tourism, Kenya

Ministry of Tourism, Kenya

Tourism Act 2011

An Act of Parliament to provide for the development, management,

marketing and regulation of sustainable tourism and tourism

related activities and services and for connected purposes

Ministry of Tourism, Kenya

Tourism Act - Highlights

Comprises 11 parts as follows: Part I : Preliminary

Part II: Formulation of National Tourism Strategy• Prescribe principles, objectives, standards,

indicators, procedures & incentives for devt., mgt & marketing of the sustainable tourism:• Packaging of niche tsm products• Stds for development of area plans• Innovative schemes, incentives & ethics for

sustainable tourism• Adaptation & mitigation measures on climate

change

Ministry of Tourism, Kenya

Tourism Act - Highlights

Part III: Establishment of Tourism Regulatory, Development and Marketing Bodies (Tourism Regulatory Authority, Kenya Utalii College, Tourism Protection Service; Kenya Tourism Board and Kenyatta International Convention Centre)

Part IV: Establishment of Tourism Research and Monitoring Institute

Part V: Establishment of Financial Bodies (Tourism Fund and Tourism Finance Corporation)

Part VI: Establishment of the Tribunal

Tourism Act - Highlights

Part VII: Tourism Licensing and Tax Provisions

Part VIII: Annual Estimates, Accounts and Audit Provisions

Part IX: Offences, Penalties and Enforcement

Part X; General Provisions Part XI: Transitional and Repeal

Provisions

Ministry of Tourism, Kenya

Opportunities for Eco-tourism

(3): National Tourism Strategy (niche products, Tourism Area Development Plans)

Subsidiary Legislation: Guidelines, Rules & Regulations (mainly under TRA)

7(1a): Guidelines & measures for sustainable tourism

7 (1d): Criteria for standardization and classification

7(1e): Hospitality & Tourism Curriculum Ministry of Tourism, Kenya

Opportunities for Eco-tourism

7(1f): Code of Practice for the tourism sector (TRA)

53: Tourism Research – sustainable tsm, carrying capacities, conservation needs

106: Fiscal/Tax incentives and disincentives

111: Prohibition & offences relating to pollution Ministry of Tourism,

Kenya

Thank You