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Licensing in
the Tourism Sector
The tourism Industry in Kenya is
regulated by two Acts of Parliament. Namely: the Hotels and Restaurants Act
(Cap 494) and the Tourist Industry Licensing Act (Cap 381). - Hotels
and Restaurants Act Cap 494
- Introduction
This act was
enacted by parliament in 1972 to make provision for the licensing of hotels,
hotel managers, and restaurant
Objective
This was done with a view to regulate hotels and restaurants, for the
imposition of a levy for training persons to be employed in hotels and
restaurants. Licensing and regulation under this act is administered through
the Hotels and Restaurant Authority, which is a board constituted by the
Minister for Tourism and Wildlife.
There are 3 types of licenses issued
under Cap 494, annual renewals, classification
certificates and entry permits issued by the
section:
Requirements for Hotel
licenses
In considering applications for
Hotel License, the board requires that operators present the following before
approval:
1. Title Deed/ lease Agreement for the premises.
2.
Valid copies of work permit where applicable.
3. Health clearance
certificate, which confirms that the premises has been inspected by the Public
Health personnel and have therefore met the required health standards.
4. Tariff (bed/ room charges)/ and menu.
5. Appropriate license fee
according to category, size, bed capacity and extent of services provided.
Requirements for Hotel Manager’s
License
The fee is equivalent to 10% of
the annual license fee of the hotel the licensee intends to manage. The board
requires that an application be supported by:
1. Prospective Manager’s
Curriculum Vitae.
2. Manager’s professional certificates for perusal by
the Board to verify competence of the applicant.
3. Requirements for
Restaurant License
Requirements for Restaurant
License
In consideration for a restaurant
license, the following requirements need be in place:
1. Certificate of
incorporation/ Pin No. in special cases
2. Health certificates
3.
Copy of tariffs
4. Lease agreement
5. Copies of manager’s
professional qualifications & testimonials/ C.V
6. Work permit for
foreigner
7. Relevant license fee
8. Forms requirements HRA 1/
HRA 2 dully filled.
Requirements for
Renewals
When considering renewals of
licenses. The following requirements are considered:
1. Health
certificate
2. Copy of menu/ tariff
3. Application form HRA 1,
HRA 2 dully filled
4. Valid work permit where applicable
5.
Relevant license fee
6. Classification Certificate
Requirements for Classification
Certificates
It is a certificate issued to
a hotel or restaurant after every National Classification exercise such as the
one carried out in 2002/2003. Only those properties that voluntarily request
for classification or reclassification are charged a standard fee of Ksh.
3,000. This certificate is catered for under the HRA Act.
Requirements for Entry
Permits
There are various classes of entry
permits, these are Class-A, Class H and special passes. This arrangement is
normally provided to foreign hotel and restaurant employees.
Requirements for Hotel
License
(Class A-Employee)
These are
requirements for an employee in the tourism sector, who is not a Kenyan citizen
who is applying for a work permit for the first time.
1. Dully completed
application form 3
2. Letter of application explaining the purpose of
the permit addresses to the Permanent Secretary
3. Copy of valid
passport
4. C.V and Professional Certificates
5. C.V. and
Professional Certificates for the understudy.
6. Copy of tourism license
of the establishment forwarding the application.
(Class H
(Investor)
These are considerations put in place for an investor who is
not a citizen of this country.
1. Dully completed application form 3.
This is a form under the Immigration Act Cap 172.
2. Bank statement and/
or Audited report in case of renewal
3. Copy of valid passport
4.
Letter explaining the purpose of the permit addressed to Permanent Secretary
5. Certificate of Incorporation, Articles of Association and Memorandum.
6. Personal Identification Number Certificate (PIN)
7. Title
deed/ Lease Agreement of the premises bearing stamp duty
8. Copy of
tourism license of the establishment forwarding the application (in case of
renewal)
(Special Pass (90 days)
These are requirements
for a temporary 3-month special pass for foreigners:
1. Duly completed
application form
2. Letter explaining the purpose of the special pass
addressed to P.S
3. No implications of Permanent Employment
4.
C.V. and professional certificates
5. Copy of Passport
6. Copy of
tourism license
Requirements for Renewals for
Permits
For renewal cases a copy of the
current work permit must be attached. One full set of documents (with 2 colour
photographs) should be submitted to the Immigration Department and a similar
set with above documents submitted to this office.
Downloads
- LICENCING IN THE
TOURISM SECTOR
- APPLICATION FOR CLEARANCE LETTER FOR ENTRY
PERMIT/SPECIAL PASS
- TOURISM LICENCE
REQUIREMENTS
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