Kenya Tourist Board Order

Legal Notice 14 of 1997

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LAWS OF KENYA

STATE CORPORATIONS ACT

KENYA TOURIST BOARD ORDER

LEGAL NOTICE 14 OF 1997

  • Published in Kenya Gazette Vol. XCIX—No. 9 on 7 February 1997
  • Commenced on 7 February 1997
  1. [Amended by Kenya Tourist Board (Amendment) Order, 1999 (Legal Notice 141 of 1999) on 10 September 1999]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This order may be cited as the Kenya Tourist Board Order.

2. Establishment of the Board

There is hereby established a State Corporation to be known as the Kenya Tourist Board (hereinafter called "the Board") which shall be a body corporate in accordance with section 3 of the Act and which shall perform and exercise the duties, functions and powers specified in the Act and in this Order.

3. Constitution of the Board

The Board shall, subject to section 6(4) of the Act, consist of—
(a)a non-executive Chairperson appointed by the President;
(b)a managing director appointed by the President;
(c)the Principal Secretary to the Ministry for the time being responsible for the development of tourism;
(d)the Principal Secretary responsible for Provincial Administration and Internal Security, Office of the President;
(e)the Principal Secretary to the Treasury;
(f)the Chairperson, Kenya Association of Tour Operators;
(g)the Chairperson, Kenya Association of Hotel Keepers and Caterers;
(h)the Chairperson, Kenya Association of Travel Agents;
(i)the Chairperson, Mombasa Coast Tourist Association;
(j)the Managing Director, Kenya Tourist Development Corporation;
(k)the Director, Kenya Wildlife Service;
(l)the Managing Director, Kenya Airways;
(m)the Chairperson, Kenya Tourism Federation;
(n)subject to section 6(1)(e) of the Act, not more than three other members appointed by the Cabinet Secretary.
[LN 141 of 1999, r. 2.]

4. Headquarters

The headquarters of the Board shall be in Nairobi.

5. The Managing Director

(1)There shall be a managing director of the Board who shall be its chief executive and secretary to the Board.
(2)The managing director shall be appointed by the President on such terms and conditions as the President shall determine.

6. Functions of the Board

The Board shall, under the general direction of the Cabinet Secretary for the time responsible for the development of tourism—
(a)promote and market Kenya as a tourist destination locally and internationally;
(b)establish public relation services to address issues of concern to the tourism industry, and facilitate the resolution of conflicts within the industry;
(c)monitor the quality and standards of facilities available to tourists and advise both the private sector and relevant Government agencies on how to improve the facilities;
(d)work in partnership with national, regional and international organizations as well as local authorities in the country to improve the tourism environment;
(e)initiate education and awareness programmes on tourism locally as well as abroad;
(f)develop and maintain professional personnel to deal with the issues that adversely affect Kenya’s image in the tourism industry.

7. Powers of the Board

The Board shall–
(a)administer its assets and funds in such manner and for such purposes as will promote the best interests of the Board in accordance with the Act;
(b)have power to receive gifts, donations, grants or other moneys and equipment and to make legitimate disbursements therefrom;
(c)have power to enter into association with other persons, bodies or organizations within or outside Kenya as the Board may consider desirable or appropriate and in furtherance of the purposes for which the Board is established.

8. Fund and banking accounts

(1)The Board shall establish a “Kenya Tourists Development fund” (hereinafter called “the fund”) into which all moneys received by the Board shall be paid and out of which all payments made by the Board shall be made.
(2)The Board shall, in connection with the Fund—
(a)supervise and control the administration of the Fund;
(b)open a banking account or banking accounts for the Fund;
(c)invest any surplus funds in the manner approved by the Cabinet Secretary;
(d)if it thinks fit, impose conditions as to the use to be made of any expenditure authorized by it or on its behalf and such conditions may impose any reasonable prohibition, restrictions, suspension or requirements concerning such use or expenditure.

9. Protection from personal liability

No matter or thing done by the Chairperson or any other member of the Board or any officer, employee or agent of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done bona fide for the purpose of executing any provision of this Order render the Chairperson, member, officer, employee or agent or any person acting by these directions personally liable to any action, claim or demand.

10. Liability of the Board for damages

The provisions of this Order, shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Order or by the failure, whether wholly or partially, for any works.

11. Delegation by the Board

The Board may, by resolution, either generally or in any particular case, delegate to a committee of the Board, or to any member, officer, employee or agent of the Board the exercise of any of the powers or the performance of any of the functions or duties the Board is authorized by this Order to exercise or perform.
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History of this document

31 December 2022 this version
07 February 1997