The Tourism Regulatory Authority (Tourism Enterprises) Regulations, Legal Notice no. 200 of 2025

1. These Regulations may be cited as the Tourism Regulatory Citation. Authority (Tourism Enterprises) Regulations, 2025.

2. In these Regulations, unless the context otherwise requires— Interpretation. “Act” means the Tourism Act; Cap. 381. “accreditation” means the process of evaluating and certifying tourism enterprises as having met the safety, quality, and operational standards specified under regulation 6; “agent” means a person appointed by or on behalf of a regulated tourism enterprise set out under the Ninth Schedule of the Act to manage the enterprise’s affairs on behalf of the proprietor; “assessor” means a person trained and certified under the East African Community Assessors Training Curriculum and Programme to carry out quality audits of tourism enterprises; “Authority” means the Tourism Regulatory Authority established by section 4 of the Act; “authorized officer” has the meaning assigned to it by section 2 of the Act; “classification and grading” means the systematic process of categorizing, assessing and awarding star ratings to accommodation and catering enterprises by the Authority as set out under regulation 7; “Committee” means the Accreditation and Classification Committee by the Authority established under regulation 10; “licence” has the meaning assigned to it by section 2 of the Act; “mark of quality” means an award of accolade issued by the Authority under regulation 12; “mandatory standards” means the basic safety, hygiene, quality, and operational service standard requirements set and published by the Authority in accordance with regulation 4; “quality audit” means a continuous assessment undertaken by the Authority to determine compliance with prescribed standards; “star rating” means a quality rating assigned to accommodation and catering facilities by the Authority on a scale of one to five, with five being the highest, signifying the level of quality and comfort of a classified facility in accordance with regulation 7; 2266 Kenya Subsidiary Legislation, 2025 “tourism enterprise” means a tourism activity or service as set out under the Ninth Schedule of the Act; “tourism sector” means all tourism and hospitality enterprises and activities in Kenya; “Tourist service vehicle or vessel” means any vehicle or vessel in the case of waterbodies, including private hire vehicle or vessels, operated by a licensed tourism enterprise and used for the carriage of tourists; “tourism sector associations” means an association, federation, or society registered in Kenya and recognised by the Authority as representing the interests of a specific category of tourism enterprises; “Tribunal” means Tourism Tribunal as established under section 87 of the Act; “Unit” means an individual self-contained living space or part of a larger residential building, designed to function as an independent dwelling with its own entrance, rooms and essential facilities.

3. These Regulations shall apply to all tourism enterprises set Application. out under the Ninth Schedule of the Act. PART II—STANDARDIZATION OF TOURISM ENTERPRISES

4. (1) These Regulations shall operate alongside the standards Mandatory developed by the Authority covering hygiene, safety, security, quality standards. and operational service and codes of practice for the regulation of the tourism sector. (2) Despite the generality of subregulation (1), Every tourism enterprise shall, as a condition of licensing, accreditation and continued operation, comply with the mandatory standards prescribed under these Regulations, which shall include— (a) maintaining hygiene and sanitation standards appropriate to the nature of the enterprise, including clean premises, safe food-handling practices, and effective waste-management systems; (b) implementing safety measures to safeguard guests, staff and property, including fire-safety installations, emergency procedures, and safe building and equipment conditions; (c) ensuring adequate security arrangements, including personnel, systems, and infrastructure necessary to protect guests, staff and property; (d) meeting mandatory quality standards in the provision of accommodation, catering, tour operations, transport and all other services offered by the enterprise; (e) maintaining operational service standards that ensure timely, professional and courteous service delivery, efficient handling of reservations and customer complaints, and effective internal management systems; and Kenya Subsidiary Legislation, 2025 2267 (f) complying with all sector-specific codes of practice set out in the Schedule or prescribed under these Regulations. (3) A tourism enterprise that fails to comply with the mandatory standards specified under these Regulations commits an offence and the Authority may, in addition to any penalty provided under the Act, suspend, revoke, or refuse to renew the licence or accreditation of the enterprise until the enterprise has demonstrated full compliance to the satisfaction of the Authority.

5. (1) The Authority shall implement accreditation, Accreditation classification and grading of tourism enterprises. standards and classification (2) Accreditation and classification shall be undertaken by schemes. trained and certified assessors with a background in tourism and hospitality, environment, public health, architecture or any other related field, whose names shall be published in the Gazette by the Authority.

6. (1) The Authority shall assess and accredit licensed tourism Accreditation. enterprises that conform to the published quality standards criteria for accreditation every two years. (2) Licensed tourism enterprises shall apply to the Authority for accreditation through a self-assessment prequalification prescribed in the Regulations. (3) The Authority shall, on assessment, award a mark of quality to signify and guarantee to consumers a degree of quality service delivery. (4) A tourism enterprise shall be accredited where it demonstrates, to the satisfaction of the Authority compliance with the enhanced accreditation criteria prescribed under these Regulations, including— (a) the implementation of documented hygiene protocols consistent with recognised industry best practices and subject to internal audits conducted at least twice annually; (b) the installation and annual independent inspection of modern fire-detection and suppression systems together with comprehensive emergency preparedness plans and periodic staff drills; (c) the deployment of trained security personnel or monitored electronic surveillance systems supported by documented guest and staff security procedures; (d) the adoption of superior service-quality standards evidenced by written quality-assurance policies, annual customer-care training, functional guest-feedback mechanisms, and regular assessments of service performance; (e) the maintenance of documented operational manuals and continuous staff development programmes with periodic internal quality-control checks; 2268 Kenya Subsidiary Legislation, 2025 (f) the implementation of advanced environmental-management practices, including energy- and water-efficiency measures, waste-reduction and recycling systems, and annual environmental-impact monitoring; and (g) full compliance with the sector-specific codes of practice set out in the Schedule together with documentation demonstrating ongoing adherence to such codes.

7. (1) The Authority shall assess, categorize, classify and grade Classification and accredited Class “A” and “B” tourism enterprises once in every five grading. years. (2) The classification referred to in subregulation (1), shall be based on the East African Community approved and published criteria for classification of accommodation and catering enterprises to determine the level of product and service quality. (3) Classified tourism enterprises under subregulation (1), shall be graded ranging from one star to five-star, with five star being the highest classification. (4) Licensees of tourism enterprises shall apply to the Authority for the classification and grading in a manner and form prescribed in these Regulations. (5) The Authority shall award a classification certificate and plaque to classified and graded tourism enterprises to signify and guarantee to consumers a degree of quality service delivery. (6) Notwithstanding subregulation (1), the Authority may undertake re-classification of a tourism enterprise either upon request by the tourism enterprise, non-conformity to classification standards or complaints from the public and upon payment of the fees specified in the First Schedule. (7) The classification of accommodation and catering establishments shall be based on an assessment of the establishment’s compliance with criteria relating to— (a) physical facilities, architectural design, and site environment; (b) sustainability and best practices; (c) guest facilities and services quality; (d) food safety and hygiene practices; (e) safety and security measures; (f) wellness and recreational services; (g) staff professionalism and guest experience; and (h) any other criterion prescribed under the EAC harmonized standards.

8. (1) A hotel may apply for reclassification at any time if— Reclassification and review. Kenya Subsidiary Legislation, 2025 2269 (a) substantial renovations or improvements have been undertaken; or (b) the hotel believes that its current rating does not reflect its facilities or service standards. (2) The Authority may, on its own motion, conduct a review where— (a) there is evidence of deterioration in standards; (b) the hotel has undergone major structural changes; or (c) the authority receives substantiated complaints regarding service quality or safety.

9. (1) The Authority shall conduct routine quality audits to Quality audits for monitor adherence to the accreditation and classification standards and accreditation and classification ensure consistency in quality service delivery. schemes. (2) On determination of non-conformity, the Authority shall withdraw the mark of quality or classification certificate and plaques and the tourism enterprise shall be caused to apply for reassessment.

10. (1) The Authority shall establish a Committee to be known Establishment of as the Accreditation and Classification Committee. Accreditation and Classification (2) The Committee shall consist of at least five and not more Committee. than nine members appointed by the Board from— (a) the Ministry for the time being responsible for matters relating to tourism; and (b) representatives from the registered tourism sector associations. (3) The members of the Committee appointed from the registered tourism sector associations shall not exceed one- third of the membership of the Committee. (4) The Committee shall oversee the conduct of accreditation and classification of all tourism activities and services listed in the Ninth Schedule to the Act. (5) The national accreditation exercise shall be conducted after every two years and the national Classification Exercise shall be conducted after every five years. (6) Any accreditation or classification request conducted outside the national exercise shall attract a fee specified in the First Schedule. (7) The Committee shall elect its chairperson from among its membership. (8) The Director-General of the Authority shall designate a senior member of staff to be the Secretary and ex-officio member of the Committee. (9) Save for the ex-officio member, all other members of the Committee shall be appointed at different times and shall hold office 2270 Kenya Subsidiary Legislation, 2025 for a period of five years and shall be eligible for re- appointment for one further term of five years. (10) Members appointed to the Committee shall be paid allowances approved by the relevant government agencies. (11) Subject to the Act and these Regulations, the Committee shall regulate its own procedure of conducting meetings. (12) Notwithstanding subregulation (5), the Committee may undertake accreditation, classification, reaccreditation or reclassification of an enterprise on the recommendation of the Authority and on payment of the fees set out under the First Schedule.

11. On completion of accreditation and classification exercise by Publication of the Committee and approval by the Board, the Authority shall cause to accreditation and classification. be published in the Gazette, within sixty days after conclusion of the exercise, a list of accredited and classified tourism enterprises.

12. (1) The Authority shall, within fourteen days, after Mark of Quality, publication of accreditation or classification results of a tourism Classification Certificate enterprise, issue to the tourism enterprise a mark of quality or and Plaque. Classification Certificate and Plaque. (2) A proprietor or agent of a licensed tourism enterprise which is accredited or classified under these Regulations shall ensure that the mark of quality or classification plaque is prominently displayed at the main entrance. (3) The Authority may determine the design and colors of the mark of quality and the Classification Certificate and Plaque from time to time.

13. (1) The Authority shall keep and maintain a standards Standards, register and an accreditation and classification register in a form and Accreditation and Classification manner suitable for the purpose. registers. (2) The register referred to in subregulation (1), shall be open for inspection online in the Authority website, e-citizen or at the Authority’s offices during working hours on payment of a specified fee as set out in the First Schedule. (3) The standards register shall contain— (a) the description of the mandatory standards applicable to each category of tourism enterprise; (b) the codes of practice applicable to tourism enterprises; (c) the date of publication or amendment of each standard or code; and (d) the category of tourism enterprise to which each standard or code applies. (4) The Accreditation and Classification Register shall contain— (a) the name and contact details of the tourism enterprise; Kenya Subsidiary Legislation, 2025 2271 (b) the license number and type of tourism enterprise; (c) the date of initial accreditation and subsequent reaccreditation; (d) the accreditation status, including any marks of quality awarded; (e) the classification category and star rating, where applicable; (f) dates of assessment, reassessment, or reclassification; (g) the names of the assessor involved in the accreditation or classification; (h) any conditions, restrictions, or sanctions imposed on the tourism enterprise; and (i) any complaints received and actions taken relating to the enterprise’s accreditation or classification.

14. (1) A proprietor or an agent of a tourism enterprise who fails Offences and to subject themselves to the national accreditation or classification penalties. exercise and fails to request for accreditation or classification within six months of the completion of the national exercise commits an offence and is liable to a penalty provided for under section 112(2) of the Act. (2) The provisions of subsection (1) shall not apply to new tourism enterprises. (3) A person who, in publication, leaflet, brochure, broadcast or otherwise advertises or describes or holds out a tourism enterprise as accredited, classified or being of a star rating other than those published by the Authority under these Regulations commits an offence and is liable to a penalty provided for under section 112 (2) of the Act. (4) A proprietor or an agent of a tourism enterprise who fails to exhibit the classification plaque or mark of quality as required by regulation 11(2), commits an offence and is liable to a penalty provided for under section 112 (2) of the Act. PART III—LICENSING OF TOURISM ENTERPRISES

15. (1) The Authority shall be responsible for issuance of Licence. licenses for the operation of all tourism enterprises. (2) A person or their agent shall not undertake or engage in any tourism enterprise without obtaining a valid licence issued by the Authority under these Regulations. (3) A licensing authority established under any written law shall not issue a trading, commercial or business permit in respect of a tourism enterprise unless the applicant produces to that licensing authority a licence issued by the Authority under these Regulations.

16. (1) A proprietor of a tourism enterprise, either by themselves Application for or through an agent shall, subject to the provisions of the Act and these licence. 2272 Kenya Subsidiary Legislation, 2025 Regulations, apply to the Authority for a licence to operate a tourism enterprise. (2) An application under subregulation (1) shall be accompanied by proof of membership to a registered tourism sector association, where applicable. (3) The Authority may verify the validity of such membership before granting or renewing a licence or accreditation.

17. (1) A tourism enterprise shall, where applicable, be a Mandatory member of a recognised sector or professional association representing membership. its category of tourism services. (2) The Authority may publish a list of registered tourism sector associations for purposes of this regulation. (3) A tourism enterprise that operates without valid membership to a recognised sector or professional association representing its category of tourism services commits an offence and the Authority may take administrative measures to ensure compliance.

18. (1) A registered tourism sector association shall— Obligations of tourism sector (a) maintain an up-to-date register of its members and submit associations. the register to the Authority at least once every year; (b) promote adherence to the standards prescribed under the Act and these Regulations; (c) report to the Authority any breaches of mandatory standards or unethical conduct by its members; and (d) collaborate with the Authority in capacity building, self- regulation, and sector development initiatives.

19. (1) After considering an application made under these Issuance of Regulations, the Authority may grant or refuse to grant a license. licence. (2) A license issued under subregulation (1), shall be in Form 1 set out in the Second Schedule. (3) Notwithstanding subregulation (1), the Authority may issue a provisional license in Form 2 set out in the second Schedule conditional on the requirement that the applicant meets all requirements under regulation 16 within a stipulated period failure to which the provisional license shall be withdrawn upon expiry of the stipulated period provided that this period shall not exceed three months from the date of issuance of the provisional license unless extended at the discretion of the Authority in exceptional circumstances and for justifiable reasons. (4) The extension period for a provisional licence under subregulation (3) shall not exceed three months from the lapse of the stipulated period. (5) A license issued under these Regulations shall expire on the 31st December of each year in respect of which it is issued. Kenya Subsidiary Legislation, 2025 2273 (6) A proprietor or an agent of a licensed tourism enterprise shall ensure that the license is prominently displayed within the premises of the tourism enterprise. (7) A proprietor or an agent of a licensed tourism enterprise advertising their business or service online either on the enterprise’s website, on digital marketing or online booking platforms shall prominently list their license identification features including serial numbers or quick response codes at all times. (8) A proprietor or an agent of a tourism enterprise who fails to exhibit the license in accordance with subregulations 6 and 7, commits an offence and shall, on conviction, be liable to a penalty provided for under section 112(2) of the Act. (9) Any License issued under these Regulations is applicable only to the physical address to which the application was made and in the event of change of physical address, the Authority shall be notified in writing.

20. Any Application submitted after the expiry date of the Penalties for late license shall be liable to a penalty of ten percent of the fees payable for renewal of licence. each month defaulted.

21. (1) A tourism enterprise shall notify the Authority in writing Variation of of any change in its business operations, including closure of the licence conditions. business, immediately upon such change occurring. (2) In the case of any request for variation of a license, the applicant shall pay a fee as specified in the First schedule.

22. The Authority shall, upon receipt of notification provided Transfer of under section 99 of the Act and prior to effecting the transfer, conduct a licence. quality audit on the tourism enterprise.

23. (1) The Authority shall have the power to cancel, revoke or Revocation, suspend any license issued under these Regulations where the holder of suspension or cancellation of a license contravenes the provisions of the Act and these Regulations. license. (2) The Authority shall, upon its intention to suspend, revoke or cancel the licence under subregulation (1), notify the person concerned accordingly and issue thirty days’ notice of suspension, revocation or cancellation unless the person fulfills such conditions as may be specified in the notice. (3) The Authority may vary, revoke or cancel a license for the tourism enterprise upon expiry of the period specified under subregulation (2). (4) Where a licence issued under these Regulations is revoked, suspended or cancelled, the holder thereof shall cease operations of the tourism enterprise, the subject of which the license was issued, until a new license is issued by the Authority and shall surrender the license to the Authority within fourteen days of such suspension, cancellation or revocation.

24. (1) A person or his agent shall not undertake any tourism Prohibition activity or service specified in the Ninth Schedule of the Act unless relating to licenses. that person has a license issued by the Authority 2274 Kenya Subsidiary Legislation, 2025 (2) A proprietor or agent of a tourism enterprise shall not— (a) unlawfully alter or endorse, or lend a license issued to him or her to any other person; (b) possess or attempt to operate pursuant to a license issued to another person; (c) having been disqualified from holding a license under the Act or these Regulations, apply for a license without disclosing to the Authority of the disqualification; and (d) engage in any business transaction or enlist the services of an unlicensed tourism activity or service. (3) An unlicensed enterprise shall not be listed on any digital marketing or booking platform. (4) A person who contravenes this regulation commits an offence and is liable to a penalty provided for under section 112 (2) of the Act.

25. (1) Any person operating a tourist service vehicle or vessel Tourist service shall obtain and display conspicuously on the vehicle a Tourist Service vehicle or vessel Sticker. Vehicle Sticker in Form 3 or Form 4 set out in the Second Schedule issued by the Authority. (2) The sticker issued in respect of a tourist service vehicle or vessel owned by a licensed tourism enterprise registered in Kenya or a foreign tourist service vehicle or vessel within the East African Community shall expire on the 31st December of the year in respect of which it is issued. (3) Any other foreign registered vehicles’ or vessel stickers shall be valid for a period of six months from the date of issue. (4) All foreign tourist registered vehicles or vessels shall be required to produce motor vehicle or vessel ownership documents, a valid driver’s or coxswain’s license and entry permit where applicable. (5) An application for issuance or renewal of a tourist vehicle or vessel sticker shall be submitted in a form specified by the Authority and shall be accompanied by— (a) a copy of the licence issued under the Act or a licence to carry out the business of tourism from the country of origin in the case of foreign tourist service vehicles; (b) such fees as specified in the First Schedule; (c) ownership details of motor vehicle or vessel either in the name of the business or of the proprietor; (d) motor-vehicle or vessel insurance; (e) in the case of a vessel, certificate of sea worthiness; (f) copy of tour guide licence issued under the Act; and (g) adherence with vehicle or vessel specifications specified in the national minimum standards by the Authority. Kenya Subsidiary Legislation, 2025 2275 (6) The Authority may grant or refuse to grant the sticker and may attach to any sticker so issued such conditions as the Authority may deem expedient. (7) A suspension, revocation, cancellation of a licence issued under the Act and these Regulations, shall result in an automatic suspension, revocation or cancellation of the sticker. (8) The Authority may also withdraw at any time a sticker issued under this regulation where the proprietor or driver or coxswain of the tourist service vehicle or vessel has breached any provisions of the Act and these Regulations. (9) A person who fails to obtain and exhibit the sticker as required by subregulation (1), commits an offence and shall, on conviction, be liable to a penalty provided for under section 112(2) of the Act.

26. (1) Every licensee shall keep record of personal details of Records to be kept every guest, employee and trainee and such other particulars as may be by licensed tourism specified by the Authority for a period of not less than five years. enterprises. (2) Every licensee shall keep a record of all such particulars in relation to business operations, other than particulars specified in respect of the register required by subregulation (1) to be kept, or as may be specified by the Authority. (3) Any person who fails to comply with this regulation, or who makes or causes or permits to be made in any record required by this regulation to be kept any entry which the person knows or has reason to believe to be false, commits an offence and shall, on conviction, be liable to a penalty provided for under section 112(2) of the Act.

27. (1) The holder of a license issued under these Regulations Requirement to shall submit at the end of every month, data in respect of the tourism provide data. enterprise in a format specified by the Authority, which shall include the following where applicable— (a) bed occupancy; (b) number of visitors by country of origin; and (c) revenue earnings. (2) Notwithstanding subregulation (1), the Authority may from time to time require additional information. (3) A person who contravenes this regulation commits an offence and shall, on conviction, be liable to a penalty provided for under section 112(2) of the Act. PART IV—ENFORCEMENT PROVISIONS

28. A licence or sticker issued pursuant to these Regulations Production of shall, on demand, be produced to an authorized officer. licence or sticker.

29. (1) Quality audits shall be carried out without prior notice Quality Audits. unless such notice is deemed necessary by an authorized officer. 2276 Kenya Subsidiary Legislation, 2025 (2) The Authority shall ensure that all authorized officers appointed under the Act and these Regulations are issued with official identity cards which shall be produced by such authorized officers at the request of any person responsible for any place to be audited. (3) For the purpose of exercising, performing and discharging the powers, functions or duties of the Authority under the Act or these Regulations, an authorized officer may, by notice in writing, require any person – (a) to furnish the authorized officer within seven days and at such place as may be specified in the notice, any document specified or described in the notice which is in custody or control of such a person; or (b) to produce for audit any book, return, account or record in the person’s possession or control. (4) A proprietor or agent of a tourism enterprise shall allow authorized officers to access their facilities for the purpose of enabling the authorized officers to carry out quality audits, investigations and verification in accordance with the Act. (5) An authorized officer may, by notice in writing, require a tourism enterprise in default of any requirement of the provisions of the Act and these Regulations to comply therewith within the fourteen days.

30. (1) Quality audits of tourism enterprises shall be regularly Closure of tourism carried out by an authorized officer when non-compliance with enterprises. minimum standards is suspected or when required for the purpose of granting or renewal of a licence. (2) An authorized officer may, in performance of his duties under the Act and these Regulations, with the written approval of the Director-General, order the immediate closure of a tourism enterprise where— (a) a tourism enterprise has failed to comply with the notice issued under regulation 27 (5); or (b) a tourism enterprise’s license has been suspended, cancelled or revoked under regulation 21.

31. (1) The conviction of the holder of a license for any offence Effect of under the Act or these Regulations, unless the Board of the Authority conviction. in writing otherwise directs, has the effect of canceling the license and such instrument shall cease to be valid from the date of conviction. (2) A person convicted of an offence under these Regulations shall stand disqualified from holding a license related to the provisions under which he has been convicted, for a period of one year from the date of conviction. (3) The holder of any license which is cancelled pursuant to subregulation (1), shall, within fourteen days from the date of conviction, surrender the licence to the Authority. Kenya Subsidiary Legislation, 2025 2277 PART V—APPEALS, REVOCATION, SAVINGS AND TRANSITIONS

32. Any person aggrieved by a decision of the Authority under Appeals to the these Regulations may appeal to the Tribunal in accordance with Tribunal. section 91 of the Act.

33. The Tourism Regulatory Authority Regulations, 2014, are Revocation of revoked. L.N. No. 128 of 2014.

34. Notwithstanding the provisions of regulation 31— Savings and transitions. (a) any proceedings taken against or by the Authority or pending against the Authority or any other person immediately before the commencement of these Regulations may be continued by or against the Authority as if instituted under these Regulations: Provided that criminal proceedings shall be regarded as pending if the person concerned had pleaded to the charge in question; (b) any proceedings taken by the Committee in exercise of its functions under the revoked Regulations shall be deemed to be proceedings under these Regulations; (c) a licence issued by the Authority under the revoked Regulations shall be deemed to be a licence under these Regulations; (d) any administrative investigation or inquiry instituted in terms of the revoked Regulations which was pending before the commencement of these Regulations shall be continued or disposed of as if instituted under these Regulations; (e) all disciplinary proceedings which immediately before the commencement of these Regulations were pending shall be continued or concluded as if instituted under these Regulations; and (f) all appeal processes, which immediately before the commencement of these Regulations were pending, shall proceed as if instituted under these Regulations. 2278 Kenya Subsidiary Legislation, 2025

FIRST SCHEDULE (r. 7(6), 10(6)(12), 13(2), 21(2), 25(5)(b)) The license fees for regulated tourism activities and services are as follows— (a) Class “A” enterprises Enterprises Description Licence Annual License Application Fee Fee (Payable Once) (KSh.) (KSh.) 1. Hotels. With bed capacity of one to 1,000 8,500 ten beds or minimum total charge for accommodation per night is KSh. 1,500 or less. With bed capacity of one to 1,000 12,000 ten beds or minimum total charge for accommodation per night is over KSh. 1,500. With or without at least one 1,000 15,500 restaurant or bed capacity of between 11 to 40 beds and minimum total charge for accommodation per night is KSh. 1,500 or less. With or without at least one 1,000 22,500 restaurant or bed capacity of between 11 to 40 beds and minimum total charge for accommodation per night is over KSh. 1,500. With more than one restaurant 1,000 30,000 and bar outlets or bed capacity of between 41 to 80 beds in addition to function room facility. With at least three restaurants 1,000 37,000 bar outlets swimming pool or bed capacity of between 81 to 120 beds in addition to function room facility with more than one syndicate rooms. With at least three restaurants, 1,000 44,000 bar outlets swimming pool or bed capacity of between 121 to 160 beds in addition to banqueting department and sports facilities. With at least three restaurants, 1,000 51,000 bar outlets swimming pool, banqueting department, Kenya Subsidiary Legislation, 2025 2279 Enterprises Description Licence Annual License Application Fee Fee (Payable Once) (KSh.) (KSh.) sporting facilities or bed capacity of between 161 to 200 beds in addition to health club. With at least three restaurant 1,000 58,000 bar outlets, swimming pool, banqueting department, sporting facility, health club or bed capacity of between 201 to 300 beds in addition to casino. With at least three restaurants, 1,000 65,000 bar outlets swimming pool, banqueting, sporting facility health club, a casino or bed capacity of above 301 beds in addition to golf or racecourse. 2. Members 1,000 15,500 Club. 3. Motels. 1,000 15,500 4. Inns. 1,000 15,500 5. Hostels. 1,000 15,500 6. Health and 1,000 37,000 Spa Resorts. 7. Retreat 1,000 37,000 Lodges. 8. Eco lodges. 1,000 30,000 9. Tree houses. 1,000 30,000 10. Floatels. 1,000 30,000 11. Service With a Capacity of 1 unit. 1,000 12,000 flats/Service With capacity of 2 units. 1,000 20,000 Apartments. With a Capacity of 3 to 5 1,000 29,000 units With a Capacity of 6 to 10 1,000 38,000 units With a Capacity of 11 to 15 1,000 47,000 units With a Capacity of 16 to 20 1,000 56,000 units With a Capacity of 21 and 1,000 65,000 above units 2280 Kenya Subsidiary Legislation, 2025 Enterprises Description Licence Annual License Application Fee Fee (Payable Once) (KSh.) (KSh.) 12. Beach 1,000 37,000 Cottages. 13. Holiday 1,000 30,000 cottages. 14. Game Conventional game lodge 1,000 30,000 Lodges. with at least one restaurant, bar or bed capacity of between 1 to 20 beds. Conventional game lodge 1,000 37,000 with at least two restaurants, bar or bed capacity of between 21 to 60 beds in addition to swimming pool. Conventional game lodge 1,000 44,000 with at least two restaurants, bar, swimming pool or bed capacity of between 61 to 100 beds in addition to function room facilities. Conventional game lodge 1,000 51,000 with at least two restaurants, bar, swimming pool, function rooms and/or bed capacity of above 101 beds in addition to health clubs and any other sporting facilities. 15. Tented 1,000 72,000 Camps. 16. Safari and 1,000 72,000 mobile camps. 17. Bandas. 1,000 30,000 18. Cultural 1,000 3,000 homes and centres. 19. Villas. 1,000 37,000 20. Homestays. Economy. 500 1,500 Standard. 500 3,000 Executive. 500 4,500 Kenya Subsidiary Legislation, 2025 2281 Enterprises Description Licence Annual License Application Fee Fee (Payable Once) (KSh.) (KSh.) 21. Guest houses. With bed capacity of 1-2 beds. 1,000 8,500 With bed capacity of 3-5 beds. 1000 12,000 With bed capacity of 6-9 beds. 1000 15,500 With bed capacity of 10-12 1000 22,500 beds. With bed capacity of 13 and 1000 30,000 above. 22. Time shares. 1,000 37,000 (b) Class “B” Enterprises The License fee for Class “B” Enterprises is based on gross receipts as follows— Gross Receipts Licence Annual Application Licence Fee Fee (Kshs) (Kshs) A restaurant, which has not previously traded. 1,000 16,000 Annual gross receipts less than KSh. 2 million. 1,000 16,000 Over KSh. 2 million but not more than KSh. 3 million. 1,000 20,500 Over KSs. 3 million but not more than KSh. 4 million. 1,000 29,500 Over KSh. 4 million but not more than KSh. 5 million. 1,000 39,000 Over KSh. 5 million but not more than KSh. 6 million. 1,000 48,000 Over KSh. 6 million but not more than KSh. 7 million. 1,000 57,500 Over KSh. 7 million 1,000 85,000 2282 Kenya Subsidiary Legislation, 2025 (c) Class “C” Enterprises Enterprise Licence Citizens Annual Non-Citizens Non-Citizens Application Licence Fee Application Fee Annual Licence Fee (KSh.) (US $) Fee (KSh.) (US $) 1. Tour or safari 1,000 21,500 100 1,500 operators. 2. Tourist service 1,000 21,500 100 1,500 vehicle hire. 3. Local air charter. 1,000 89,500 100 1,800 4. Travel agency. 1,000 21,500 100 1,500 5. Water sports. 1,000 21,500 100 1,500 6. Balloon 1,000 89,500 100 1,800 operators. 7. Boat excursions. 1,000 21,500 100 1,500 Tourist Service Vehicle/Vessel Sticker Sticker Application Six Months’ Fee Sticker Fee (Us $) 8. Foreign Registered Tourist Vehicles/Vessel - 500 (per vehicle/vessel) Annual Sticker Fees (Kshs.) 9. Local Registered Tourist Vehicle/Vessel - 1,000 (per vehicle/vessel) (d) Class “D” Enterprises Enterprise Licence Citizens Non-Citizens Non- Application Annual Application Citizens Fee Licence Fee Fee Annual (KSh.) (KSh.) (US $) Licence Fee (US $) 1. Game fishing outfitters. 1,000 8,500 100 1000 2. Enterprises offering camps 1,000 8,500 100 1000 and camping equipment for hire. 3. Nature parks. 1,000 8,500 - - 4. Nature reserves. 1,000 8,500 - - 5. Nature trails. 1,000 8,500 - - 6. Conservancies/Game 1,000 106,000 100 2000 ranches. 7. Amusement parks. 1,000 8,500 100 1000 8. Non-citizen tour leaders or - - 100 200 guides. Kenya Subsidiary Legislation, 2025 2283 (e) Class “E” Enterprises Enterprise Citizen Licence Citizen Non- Citizen Non-Citizens Application Fee Annual Licence Annual (KSh.) Licence Fee Application Fee Licence (Ksh.) (US$) Fee (US $) 1. Local traditional 500 3,000 - boat operators. 2. Professional safari 500 3,000 100 200 photographers. 3. Curio vendors. 500 3,000 - - 4. Private zoos. 500 20,000 100 500 5. Citizen tour 500 3,000 - - leaders or guides. 6. General vendors. 500 3,000 - - 7. Beach operators 500 3,000 - - (f) Class “F” Enterprises Enterprise Licence Application Fee Annual Licence Fee (KSh.) (KSh.) Entertainment facilities 1,000 30,000 (g) Class “G” Enterprises Enterprise Licence Application Fee Annual Licence Fee (KSh.) (KSh.) Conference and event services 1,000 30,000 (i) Fees for Accreditation and Classification Enterprises Accreditation Fees Classification/Reclassification (KSh.) Fees(KSh.) Class “A” and “B” 100,000 250,000 Other tourism enterprises 100,000 - (ii) Fees for Inspection of Registers Anyone who wishes to inspect any register maintained by the Authority under the Act and these Regulations shall pay KSh. 3,000 per register. EAC citizens shall be given equal treatment as Kenyan citizens. 2284 Kenya Subsidiary Legislation, 2025

SECOND SCHEDULE (r. 19(2)(3), 25(1)) FORM 1 LICENCE Serial No: …………… Identification No: ………….. LICENCE is hereby granted to…………………………………………………………….. to carry on the following regulated tourism activity or service: Name of regulated tourism activity and service …………………………………………………………………………………………. Class of regulated tourism activity and service …………………………………………………………………………………………. Designated area of business ………………………………………………………………………………………….. on condition that the licensee shall— (a) adhere to the provisions of the Act and the Authority’s Regulations. (b) report any occurrence which causes disruption of itinerary, death or injury to a client with which the licensee is concerned; (c) ………………………………………………………………………………….. (d) ………………………………………………………………………………….. Fees Paid: …………………………………………………………………………………. This Licence is valid up to 31st day of December …………………………………………. Date of issue: ……………………………………………………………………………… ………………………………………………………… Director General Tourism Regulatory Authority Signature/Seal stamp Kenya Subsidiary Legislation, 2025 2285 FORM 2 PROVISIONAL LICENSE (r. 19(3)) Serial No: …………… Identification No: ………….. LICENCE is hereby granted to…………………………………………………………….. to carry on the following regulated tourism activity or service: Name of regulated tourism activity and service ……………………………………………………………………………………………… Class of regulated tourism activity and service ……………………………………………………………………………………………... Designated area of business ……………………………………………………………………………………………... on condition that the licensee shall— (i) adhere to the provisions of the Act and the Authority’s Regulations. (ii) report any occurrence which causes disruption of itinerary, death or injury to a client with which the licensee is concerned; (iii) ………………………………………………………………………………….. (iv) …………………………………………………………………………………... Fees Paid: ………………………………………………………………………………….. This Licence is valid for three months Date of issue: …………………………………… ………………………………………………………… Director General Tourism Regulatory Authority Signature/Seal stamp 2286 Kenya Subsidiary Legislation, 2025 FORM 3 (r. 25(1)) TOURIST SERVICE VEHICLE/VESSEL STICKER Serial No: …………… Identification No…………….. Tourist Service Vehicle/Vessel Reg No: ………………………………………… Name Of Company: ……………………………………………………………… Class / Category: …………………………………………………………………. TRA Licence No: ………………………………………………………………... Date of Issue: …………………………………………………………………….. Expiry Date: ……………………………………………………………………... ………………………………………………………… Director General, Tourism Regulatory Authority. Stamp / Seal Kenya Subsidiary Legislation, 2025 2287 FORM 4 (r. 25(1)) FOREIGN TOURIST SERVICE VEHICLE/VESSEL STICKER Serial No: ……… Identification No:………….. Tourist Service Vehicle/Vessel Reg No: ………………………………………… Name Of Company: ……………………………………………………………… Class / Category: …………………………………………………………………. TRA Licence No: …………………………………………................................... Date of Issue: …………………………………………………………………….. Expiry Date: ……………………………………………………………………… ………………………………………………………… Director General. Tourism Regulatory Authority Stamp / Seal Made on the 8th December, 2025. REBECCA MIANO, Cabinet Secretary for Tourism and Wildlife. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI