1. Fourth Annual Ecotourism Conference
Tourism Legislation
Fourth Annual Ecotourism Conference
21st February 2012
Nairobi
Ministry of Tourism, Kenya

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Tourism sector has relied on outdated & fragmented policy and legal instruments: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

3. Need for New Policy & Legal Framework
After impressive growth from1960s s 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

4. 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

5. New Tourism Policy Enhancing Tourism Development
Product diversification ( eco-tourism, community based projects; homestays, agro-tourism, MICE);establish carrying capacities for Tourism Areas
Promote Tourism ethics and standards
Tourism Pricing
Research
Infrastructure and transport
Tourism Promotion and Marketing
Human Resource Development
Legal and Institutional Framework
Ministry of Tourism, Kenya

6. Tourism Act 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

7. 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

8. 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
Ministry of Tourism, Kenya

9. 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

10. 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

11. 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

12. Thank You