TOURISM AND HOTELS

CHAPTER 50:01
TOURISM AND HOTELS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Establishment of Board

    4.    Policy

    5.    Licences

    6.    Functions of the Board

    7.    Conditions under which the licence shall be granted

    8.    Transfer of licence

    9.    Cancellation of licence

    9A.    Closure of premises and seizure of food, etc.

    9B.    Forfeiture, cancellation and other orders

    10.    Classification or re-classification of hotels

    11.    Right to be heard

    12.    Appeals

    12A.    Appeals committee

    12B.    Powers of appeals committee

    13.    Power to obtain information

    14.    Register of guests

    15.    Power to make regulations

    16.    Application of Act, etc., to other enterprises

    17.    Saving

51 of 1965
18 of 1969
37 of 1970
11 of 1971
8 of 1980
39 of 1981
1 of 2003

    An Act to provide for the control and management of hotels, the establishment of a Tourism and Hotels Board and other matters incidental thereto

1.    Short title

    This Act may be cited as the Tourism and Hotels Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    “Board” means the Tourism and Hotels Board established under section 3;

    “hotel” includes a boarding-house and any other building or premises used for the accommodation of the public in which lodgings are provided and provisions are supplied by the keeper or manager thereof, but does not include any hostel or any school or any other premises or class of premises exempted from this Act by the Minister;

    “hotel-keeper” means any person to whom a licence to keep or manage an hotel has been issued under section 5, and includes any person to whom a licence has been transferred under section 8;

    “licence” means a licence issued under section 5;

    “member” includes the Chairman of the Board;

    “register” means the register kept by an hotel-keeper in accordance with section 14 (1).

3.    Establishment of Board

    (1) There is hereby established a board to be known as the Tourism and Hotels Board.

    (2) The Board shall consist of a chairman and not less than five other members appointed by the Minister.

    (3) Subject to a power or revocation of appointment by the Minister, every member shall hold office for a period of two years from the date of his appointment but shall be eligible for reappointment.

    (4) Four members shall constitute a quorum at any meeting of the Board. In the absence of the chairman the members present shall elect one of the number to act as chairman.

    (5) The chairman at any meeting shall, in addition to his deliberative vote as a member of the Board, have a casting vote.

4.    Policy

    The Board may, where necessary, seek the general direction of the Minister on the manner in which it is to carry out its duties under this Act.

5.    Licences

    (1) No person shall use any premises as an hotel unless he has previously obtained a licence from the Board authorizing that the premises be used as an hotel.

    (2) No person shall keep or manage an hotel unless he has previously obtained a licence from the Board authorizing him to keep or manage an hotel.

    (3) Every licence shall commence on the day on which it is expressed to commence and, unless previously cancelled or otherwise determined, shall expire on the thirty-first day of December next following the date of its commencement.

    (4) Any person who keeps or manages an hotel without a valid licence, or who, not being the holder of a valid licence, publicly uses, or permits to be used, the word “hotel” in relation to any premises of which he is the owner or occupier, shall be guilty of an offence and liable to a fine of K20,000 and to imprisonment of one year.

    (5) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine of K50,000 and to imprisonment for two years.

6.    Functions of the Board

    (1) The functions of the Board shall be to control and regulate the tourism industry.

    (2) Without prejudice to the generality of subsection (1), the Board shall—

    (a)    grant licences under section 5;

    (b)    consent to transfer of licences under section 8;

    (c)    vary, cancel or suspend licences under section 9; and

    (d)    classify or reclassify hotels under section 10.

7.    Conditions under which the licence shall be granted

    (1) No licence shall be granted by the Board unless the applicant satisfies the Board that the conditions specified in this section are fulfilled.

    (2) The conditions to be fulfilled for the purposes of this section are that—

    (a)    the applicant is of good…