The Tourism Regulatory Authority regulates tourism activities. This entails developing regulations, standards, and guidelines to ensure high-quality service delivery in the tourism sector. Kenya’s tourism industry has grown fast over the years. Flexible regulations and reduced processing timelines for TRA licenses, due to the automation of the application process, mainly contribute to this. Some widespread businesses in the tourism industry include restaurants, hotels and guest houses, safari operators, and nature parks.
The Tourism Act, 2011, and the Tourism Regulatory Authority Regulations, 2014, make the following provisions for licensing.
- Section 7(1)(c) requires TRA to license tourist-related activities and services, including cottages and private residences in guest house services.
- Section 98(1) requires any person carrying out a tourism business or service specified in the Ninth Schedule to get a license from TRA.
- TRA requires the renewal of licenses three months before expiry, per Section 19(1).
- Section 19(2) stipulates a penalty of 10% of the license fee for every month’s delay in renewing a license.
- Section 29(1) mandates TRA officers to regularly inspect tourism facilities and services where non-compliance is suspected or for purposes of granting or renewing a license.
- Section 112 imposes a fine not exceeding one hundred thousand shillings, imprisonment for a term not exceeding eighteen months, or both for any person contravening this Act.
Types of TRA licenses.
Tourism licenses are essential for regulating and maintaining tourism-related businesses and services’ quality, safety, and sustainability.TRA requires businesses to meet safety regulations, such as fire safety, health standards, and adequate insurance coverage, protecting tourists and staff.
In considering the license application, the Licensing Committee shall have regard to the material considerations, which shall include
- Compliance of the application with relevant tourism or area development plans.
- Compliance with the formulated guidelines and prescribed measures for sustainable tourism.
- The environment impact assessment requirements as set out in the Environment Management and Coordination Act, 1999
- The proposed tourism activity or service’s contribution to enhancing sustainable tourism management considers protecting fragile environmental resources, ecosystems, and habitats and public comments and recommendations from other relevant authorities.
Employment and vetting of expatriates
According to Tourism Regulatory Authority regulations 2014, the following are the provisions of employment and vetting of expatriates.
- No person who is not a citizen of Kenya shall be employed to work in or for regulated tourism activities or services as set out in the Ninth Schedule of the Act unless the Authority and the Authority have approved the person’s employment may require to be satisfied that there are no Kenyan citizens qualified to fill the vacancy.
- The employer has submitted up-to-date returns on expatriates employed by the establishment concerned.
- For any vacancy other than one for the investor’s representative to take care of the investor’s interests, the employer has made all reasonable efforts to employ from the Kenya labour market. without success
- The applicant possesses unique competencies, qualifications, and skills not currently available in the Kenyan market.
- The employer has identified a suitable, qualified Kenyan to undergo the necessary training and take over the position occupied by the non-citizen within a period as specified in the sixth schedule.
Generally, the Tourism Regulatory Authority issues the following types of licenses:
Class A
- Hotels
- Villas
- Game lodges
- Service apartments
- Eco-lodges
- Holiday cottages
- Beach cottages.
- Service flats
- Guest House
- Homestays
Requirements for Class A licensing
- Certificate of registration/incorporation
- CR 12 for companies and/or ID copy of the directors
- KRA PIN Certificate of the Tourism Enterprise
- CV and Professional certificate for manager
- Work permit of the directors in case of foreign ownership
- An EIA (environment impact assessment) or audit is required for beach hotels.
Class B
Businesses under this class.
- Restaurants
- Other food and beverage services
A restaurant is a facility that provides food and beverages only without accommodation. Owners of such facilities are required to register with the Tourism Regulatory Authority. The license is valid for one year and is renewable.
Application requirements for Class B license
- Tourism Licence application form
- Affidavit (For non-resident directors)
- Certificate of registration/incorporation
- CR 12 companies and /or ID copy of the directors/owner
- KRA PIN Certificate of the restaurant
- Work permit of the directors in case of foreign ownership
- Copy of menu and tariff
- Lease agreement or proof of ownership of the business
- List of employees
- Food handler’s health certificate
- Business permit of the restaurant
- CR 2
Class C
- Businesses under this class.
- Tour or safari operators
- Tourist service vehicle hire
- Local air charter
- Travel agency
- Water sports
- Balloon operators
- Boat excursions
- Tour or safari operators
The requirements for Class C license
- Certificate of registration/incorporation
- CR 12 and ID copy of the directors
- KRA PIN Certificate of the Tourism Enterprise
- Professional Certificates of the person running the enterprises
- Vehicle Logbook copies and/or contract of hire of vehicles from a licensed company
- Insurance copies
- Title deed/Lease agreement for the office accommodation
- Entry/work permit in case of foreign ownership
- Evidence of base of at least USD 100,000 in case of foreign ownership
Class D
- Game Fishing Outfitters
- Enterprise offering camps and camping equipment for hire
- Nature parks
- Nature reserves
- Game Ranches
- Amusement parks
- Non-citizen tour leaders and guides
License application requirements for Class D enterprises
- Certificate of registration/incorporation
- CR 12 for companies and/or ID copies of the directors/owner
- KRA PIN Certificate of the Tourism Enterprise
- Work permit for foreigners
- KWS Permit for nature reserves and parks
- EIA /audit Certificate for game ranches
- Proof of insurance for amusement parks.
Class E
- Professional safari photographers
- Local traditional boat operators
- Curio vendors
- Private zoos
- Citizen tour leaders and guides
- General Vendors
- Beach operators
Requirements for Class G License
- Certificate of registration/incorporation
- CR 12 for companies and/or ID copies of the directors/owner
- Certificate of Good Conduct
- KRA PIN certificate
- Work permit for foreigners
- Professional certificates for citizen tour guides.
- KWS permit for private zoos.
- Letter from recognized Beach Operators Association for beach operators
Class F
The businesses under this class are entertainment facilities. This includes casinos, cinemas, movie theatres, and nightclubs.
Requirements for Class F license.
- Certificate of registration/incorporation
- CR 12 companies and/or ID copy of the directors
- KRA PIN Certificate of the Tourism Enterprise
- Professional certificate of the person running the business
- Work permit of the directors in case of foreign ownership
- Evidence of base of at least USD 100,000 in case of foreign ownership
Class G enterprise.
The businesses that fall under this license are conference and event services
Tourist vehicle sticker
Any person who operates a tourist vehicle should acquire and display a tourist vehicle sticker in Form 3 or Form 4 set out in the First Schedule issued by the Authority. The sticker is valid for a calendar year ending 31st December of the year it was issued. For foreign vehicles, stickers are valid for six months
An application for issuance or renewal of a tourist vehicle sticker shall be submitted in a form specified by the Authority
This is accompanied by a copy of the license issued under the Act or a license to carry out the business of tourism from the country of origin in the case of foreign tourist service vehicles and such fees as prescribed in the First Schedule of the TRA Regulations 2014.
Obligations of Tourism Regulatory Authority license holders
The holder of a license issued under Tourism Regulatory Authority Regulations 2014 should submit at the end of every month data in respect of the tourism enterprise in a format specified by the authority, which shall include the following where applicable:.
- Bed occupancy
- Number of visitors by country of origin
- Revenue earnings
- Expenditure per visitor
- Number of employees, both local and expatriates.
Any license or sticker issued according to these Regulations shall, on demand, be produced to an authorized officer appointed in accordance with Section 115 of the Tourism Act 2011 or any other written law.
Quality audits of tourism enterprises are regularly carried out by an authorized officer when non-compliance with minimum standards is
suspected or when required for the granting or renewal of a licence.
Renewal of Tourism Regulatory Authority Licenses.
TRA licenses are valid for a calendar year and are supposed to be renewed thereafter. Applications for renewal of the licenses issued under the Tourism Act 2011 Part should be submitted within two months before the expiry date of the specific license.
Application of Tourism Regulatory Authority licenses
All applications for TRA licenses are done through the TRA licensing portal. You have to get registered before you log into your account. Thereafter, fill out the application form for the type of license you want, and make the payment for application fees. Upon payment, the application goes through vetting, and if the application is approved, then you will be granted the license.
