Governors demand revocation of 2026 Tourism Regulations over county licensing powers

NAIROBI,Kenya, Nov 5- The Council of Governors (CoG) has called for the revocation of the Tourism (Tourism Enterprise) Regulations, 2026, arguing that provisions granting the Tourism Regulatory Authority (TRA) exclusive licensing powers undermine the constitutional mandate of county governments.

The governors say the regulations risk creating a conflict between national and county governments by transferring licensing responsibilities for tourism enterprises to a national regulatory agency, despite trade development and regulation, including business licensing, being devolved functions.

Appearing before the Senate Committee on Delegated Legislation, Narok Governor Patrick Ole Ntutu, who chairs the Council’s Tourism and Wildlife Committee, raised concerns over the scope of powers assigned to the Tourism Regulatory Authority.

Ntutu argued that the regulations must be aligned with the Constitution to prevent duplication of responsibilities and protect the functions assigned to county governments under the devolved system of governance.

“The Council recommended t comprehensive review of the Regulations, alongside the fast-tracking of the review of the Tourism Act, 2011, to address regulatory overlaps, clarify institutional mandates and safeguard the constitutional functions of county governments while strengthening intergovernmental coordination,” CoG said.

The governors also want stronger intergovernmental coordination to ensure tourism regulation is undertaken within the constitutional framework while maintaining effective oversight of the sector.

The dispute places the regulation of tourism enterprises at the centre of renewed concerns over the division of responsibilities between the two levels of government, particularly where national regulatory frameworks intersect with county licensing powers.

The Council maintains that regulatory reforms should strengthen the tourism sector without undermining the constitutional responsibilities of county governments.

​Bruhan Makong is a Senior News Reporter for Capital FM in Nairobi, covering diplomacy, foreign policy, national security, climate, and human rights across East Africa and the wider region.