Council of Governors: Revoke Kenya 2026 Tourism Regulations Over County Licensing

• The Council of Governors (CoG) has called for the revocation of the Tourism (Tourism Enterprise) Regulations, 2026.
• The CoG argues these regulations grant exclusive licensing powers to the Tourism Regulatory Authority (TRA), undermining county governments' constitutional mandate.
• Trade development and business licensing are constitutionally devolved functions in Kenya, according to the governors.
• Narok Governor Patrick Ole Ntutu highlighted concerns about the TRA's powers before the Senate Committee on Delegated Legislation.
• The CoG recommends reviewing both the 2026 Regulations and the Tourism Act, 2011, to clarify mandates and strengthen intergovernmental coordination.

The current debate surrounding the Kenya 2026 Tourism Regulations county licensing provisions serves as a critical example of how national policy initiatives can inadvertently create jurisdictional conflicts, necessitating careful review to ensure compliance with the spirit and letter of devolution.

The Council of Governors (CoG) has formally requested the revocation of the Tourism (Tourism Enterprise) Regulations, 2026, citing concerns that these new rules would undermine the constitutional authority of Kenya's county governments. The governors contend that the regulations, which were gazetted in 2025 and updated in March 2026, by granting the Tourism Regulatory Authority (TRA) exclusive powers over licensing, directly conflict with the established devolved functions of local administrations. This move, they argue, risks creating significant friction between national and county levels of government, particularly regarding the critical area of business licensing for tourism enterprises.

Narok Governor Patrick Ole Ntutu articulated these concerns during an appearance before the Senate Committee on Delegated Legislation. He specifically highlighted the expansive scope of powers proposed for the Tourism Regulatory Authority within the 2026 regulations. Governor Ntutu emphasized the necessity of aligning these regulations with the Constitution to prevent the duplication of responsibilities and to safeguard the functions explicitly assigned to county governments under Kenya's devolved system. The dispute centers on the intersection of national regulatory frameworks with the established county licensing powers, a recurring point of contention in Kenya's governance structure.

At the heart of the CoG's objection is the principle that trade development and regulation, including the crucial aspect of business licensing, are designated as devolved functions under the Kenyan Constitution. The Tourism (Tourism Enterprise) Regulations, 2026, are perceived as an attempt to centralize these licensing responsibilities within a national regulatory agency, thereby encroaching upon the mandate of the county governments. This situation underscores the ongoing legal uncertainty surrounding the division of regulatory powers between the two tiers of government, particularly within sectors like tourism.

The governors' stance reflects a broader commitment to upholding the constitutional framework that delineates responsibilities. They argue that any regulatory reforms should aim to strengthen the tourism sector without simultaneously diminishing the constitutional duties and powers vested in county governments. The current debate surrounding the Kenya 2026 Tourism Regulations county licensing provisions serves as a critical example of how national policy initiatives can inadvertently create jurisdictional conflicts, necessitating careful review to ensure compliance with the spirit and letter of devolution.

To resolve these potential conflicts and ensure a cohesive regulatory environment, the Council of Governors has put forth several recommendations. They advocate for a comprehensive review of the Tourism (Tourism Enterprise) Regulations, 2026. Concurrently, the CoG urges the expedited review of the foundational Tourism Act, 2011. The primary objectives of these reviews are to address existing regulatory overlaps, clarify the mandates of various institutions, and crucially, to safeguard the constitutional functions of county governments.

Furthermore, the governors emphasize the importance of strengthening intergovernmental coordination. This enhanced collaboration is deemed essential to ensure that tourism regulation is conducted strictly within the constitutional framework, while also maintaining effective oversight of the sector. The outcome of this review process will be pivotal in clarifying compliance obligations for tourism enterprises and resolving potential jurisdictional disputes, thereby shaping the future of tourism governance in Kenya.

This development highlights the ongoing legal uncertainty regarding the division of regulatory powers between national and county governments in Kenya, particularly concerning business licensing in devolved sectors like tourism. Lawyers should advise clients in the tourism industry to monitor the review of the Tourism (Tourism Enterprise) Regulations, 2026, and the Tourism Act, 2011, as the outcome will clarify compliance obligations and potential jurisdictional conflicts.

Source: Original reporting via Capital FM Kenya