Governors oppose new tourism licensing rules, cite constitutional breach
NAIROBI, Kenya, Nov 6 – The Council of Governors (CoG) has called on the Senate to reject the Tourism (Tourism Enterprises) Regulations, 2026, warning that the proposed framework undermines devolution by encroaching on licensing functions constitutionally assigned to county governments.
The council wants the regulations withdrawn in their entirety, arguing that they introduce an overlapping licensing system that could undermine the authority of counties to regulate businesses operating within their jurisdictions.
Appearing before the Senate Committee on Delegated Legislation, Narok Governor Patrick Ole Ntutu, who chairs the CoG Tourism and Wildlife Committee, said the council had conducted an extensive review of the regulations and resolved to oppose them.
Ntutu argued that the proposed framework appeared to place county-issued business licences below those issued by the Tourism Regulatory Authority (TRA), effectively creating a parallel licensing system.
He told senators that trade licensing is a function of county governments under Part Two of the Fourth Schedule of the Constitution and should not be transferred or subordinated to a national agency through subsidiary legislation.
The governors warned that the framework could create confusion among tourism operators, increase the cost of doing business and expose enterprises to multiple licensing requirements from different levels of government.
The council maintained that while the national government has a role in setting tourism policy and standards, the implementation of such measures must respect the constitutional division of functions between the two levels of government.
The dispute has also drawn opposition from tourism industry players, who have warned that the new licensing requirements and fees could increase the cost of operating hotels, travel agencies, tour companies and other tourism-related businesses.
The regulations, published under Legal Notice No. 127 of 2026 on July 10, seek to establish a framework for licensing, standardisation, classification and regulation of tourism enterprises across the country. They were subsequently submitted to Parliament for scrutiny.
Among the concerns raised by industry stakeholders during an earlier Senate engagement in September was the financial burden of the proposed licensing framework, with some businesses facing charges of up to Sh250,000.
Representatives of the Kenya Association of Hotelkeepers and Caterers, Kenya Association of Tour Operators, Kenya Association of Travel Agents, Tourism Professional Association and other industry bodies raised concerns that additional regulatory costs could hurt investment and make Kenya less competitive against rival tourism destinations.
The Tourism Regulatory Authority, established under the Tourism Act, 2011, is mandated to regulate tourism enterprises, including licensing operators and enforcing industry standards.
The authority has maintained that licensing and compliance requirements are necessary to improve service delivery, protect visitors and strengthen Kenya’s reputation as a tourism destination.
The Senate Committee on Delegated Legislation is expected to hear further submissions from Tourism Cabinet Secretary and the relevant Principal Secretaries before making recommendations to the House.
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