Kenya Tourist Development Corporation Cap 382final - as Plain Text by MWakili

LAWS OF KENYA The Kenya TourisT DevelopmenT CorporaTion aCT Chapter 382 Revised Edition 2010 (1988) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

382 Kenya Tourist Development Corporation [Rev.

2010 CHAPTER 382 THE KENYA TOURIST DEVELOPMENT CORPORATION ACT arraNGeMeNt OF SeCtIONS Section 1Short title.

2Interpretation.

3Establishment of Kenya Tourist Development Corporation and its functions.

4Extension of powers of Corporation.

5Membership and constitution of Corporation.

6Managing director.

7Committees of Corporation.

8Directions of Minister.

9Borrowing powers.

10Advances and guarantee of borrowings by the Government.

11Repayment of advance and sums issued to meet guarantee.

12Reserve fund.

13Balancing of revenue account and surplus revenue.

14Accounts and audit.

15Annual report.

16Issues out of and payments into Consolidated Fund.

SChedule.

Kenya Tourist Development Corporation CAP.

382 3 Rev.

2010] CHAPTER 382 THE KENYA TOURIST DEVELOPMENT 25 of 1965, CORPORATION ACT 22 of 1987, Commencement: 9th November 1965 7 of 2007.

An Act of Parliament to provide for the establishment of the Kenya Tourist Development Corporation and for purposes incidental thereto and connected therewith 1.

This Act may be cited as the Kenya Tourist Development Short title.

Corporation Act.

2.

In this Act, unless the context otherwise requires Interpretation.

22 of 1987, Sch.

Corporation means the Kenya Tourist Development Corporation established by section 3; nancial year means a period of twelve months ending with a day to be determined by the Corporation with the approval of the Minister, so however that the rst nancial year of the Corporation may be a period of less than twelve months ending with the rst occurrence of the day so determined, and, in the case of any alteration of that day, the duration of the nancial year of the Corporation as to which the alteration is rst to have effect may be a period of not less than six months or more than eighteen months ending on the new day so determined; managing director means the managing director of the Corporation appointed under section 6.

3.

(1) There is hereby established a Corporation, to be known as Establishment the Kenya Tourist Development Corporation, which shall be charged of Kenya Tourist with the duty of securing the investigation, formulation and carrying Development out of projects for developing the tourist industry of Kenya.

Corporation and its functions.

(2) For the purpose of the discharge of its duty under subsection (1), the Corporation shall have power, either alone or in association with other authorities or persons, or as managing agent or otherwise on behalf of other authorities or persons (a) to investigate and formulate projects for the promotion or expansion of new or existing enterprises to which this section applies, and to carry out such projects; 4 CAP.

382 Kenya Tourist Development Corporation [Rev.

2010 (b) to carry on undertakings which appear to the Corporation to be needed for or in connexion with the promotion or expansion of new or existing enterprises to which this section applies; (c) to carry on any activities incidental to such a project or to such an undertaking which appear to the Corporation to be requisite, advantageous or convenient for or in connexion with that project or undertaking; (d) to assist other authorities or persons, either nancially or in any other way, to perform any functions which the Corporation is empowered to perform by virtue of any of the foregoing paragraphs; (e) to establish or expand, or promote the establishment or expansion of, other bodies to carry on (either under the control or partial control of the Corporation or independently) any such functions as are mentioned in paragraph (d).

(3) This section applies to any enterprise for the development of the tourist industry of Kenya, whether carried on in Kenya or elsewhere, and, without prejudice to the generality of the foregoing, includes any enterprise falling within one or more of the following classes, that is to say (a) enterprises for the operation of hotels, motels, lodges, camps, camping sites, restaurants and other places of accommodation, refreshment or recreation; (b) enterprises for the provision of safaris, expeditions or tours (whether for hunting, shing, photography or otherwise); (c) enterprises for the promotion and advertising of tourism to or in Kenya, and for the provision of information and booking facilities for tourists; (d) enterprises for providing, maintaining or improving transport facilities or transport services for tourists to or in Kenya; or (e) enterprises for the development, preservation or study of the wild and natural life, ora and vegetation of Kenya.

(4) The Corporation shall have power to do anything and to enter into any transaction (whether or not involving the expenditure, borrowing in accordance with the provisions of this Act in that behalf, lending or investment of money, the acquisition of any property or Kenya Tourist Development Corporation CAP.

382 5 Rev.

2010] rights, or the disposal of any property or rights) which in its opinion is incidental or conducive to the exercise of its powers under this Act.

(5) Nothing in this section shall be construed (a) as empowering the Corporation to carry on any class or description of enterprise which, by virtue of any law, it is the function of any other authority or person to provide, except in so far as the Corporation is not prohibited by that law from so doing; or (b) as exempting the Corporation or any enterprise from any provision of the law relating to the licensing or control of any class or description of enterprise.

4.

(1) If it appears to the Minister to be expedient to add to the Extension of powers classes of enterprise specied in section 3 (3) the Minister, with the of Corporation.

consent of the Minister for the time being responsible for nance, may by notice published in the Gazette direct that that subsection shall have effect with the addition of such one or more enterprises as may be specied in the notice.

(2) Any notice made under this section shall be laid before the National Assembly as soon as practicable after publication, and, if a resolution that the notice be annulled is passed by the National Assembly on any of the twenty days on which that House sits next following the day on which the notice is laid before it, that notice shall henceforth be void, but without prejudice to the validity of anything previously done thereunder, or to the making of a new notice.

5.

(1) The Corporation shall consist of Membership and constitution of (a) a chairman, who shall be appointed by the Minister; Corporation.

22 of 1987, Sch.

(b) not less than six or more than nine members appointed by the Minister from amongst persons who, in his opinion, possess qualities likely to be of benet to the Corporation, and of whom (i) not less than one shall be appointed by reason of his knowledge of commercial or nancial matters; (ii) not less than one shall be appointed by reason of his knowledge of international tourism; (iii) not less than one shall be appointed to represent the interests of the hotel industry; 6 CAP.

382 Kenya Tourist Development Corporation [Rev.

2010 (iv) not less than one shall be appointed to represent the interests of tour operators, and air charter operators or travel agents; and (c) four members, being the Permanent Secretaries to the Ministries for the time being responsible for tourism, natural resources, nance, and economic planning and development, respectively, or the person deputed in writing from time to time by any such Permanent Secretary to take his place as a member of the Corporation.

(2) The Corporation shall elect a vice-chairman annually from among its members.

(3) The Corporation may co-opt to serve on it for such length of time as it thinks t any person or persons whose assistance or advice it may require, but a person so co-opted shall not be entitled to vote at any meeting of the Corporation or be counted as a member for the purpose of forming a quorum.

(4) The provisions of the Schedule shall have effect with respect to the Corporation.

Managing director.

6.

(1) The Minister shall, with the agreement of the Corporation, 22 of 1987, Sch.

appoint a managing director, who shall be the chief executive ofcer of the Corporation and shall be responsible to the Corporation for the day-to-day management of all the business of the Corporation.

(2) The managing director shall be entitled to be present at all meetings of the Corporation and to take part in the discussions, but he shall not be entitled to vote.

(3) Whenever the ofce of managing director is vacant, or the managing director is for any reason unable to exercise his functions under this Act, those functions shall be exercised by such person as the Corporation, with the approval of the Minister, may appoint to act as managing director.

Committees of 7.

The Corporation may appoint such committees, whether wholly Corporation.

or partly of its own members or otherwise, and with such advisory or executive functions, as the Corporation may consider necessary.

Directions of 8.

The Minister may, after consultation with the Corporation, give Minister.

to the Corporation directions of a general or special character as to the exercise and performance by the Corporation of its functions (including the exercise of rights conferred by the holding of interests in companies) Kenya Tourist Development Corporation CAP.

382 7 Rev.

2010] in relation to matters which appear to him to affect the public interest, and the Corporation shall give effect to any such directions: Provided that the Corporation shall not be required to give effect to any direction of the Minister which, if given effect to, would oblige the Corporation to engage in any activity or undertaking which the Corporation considers to be unsound, whether economically or otherwise, unless that direction states that the Government has undertaken to pay the amount of any loss incurred by the Corporation by reason of giving effect to that direction.

9.

(1) Subject to this section, the Corporation may borrow sums Borrowing powers.

required by it for meeting any of its obligations or discharging any of 22 of 1987, Sch., its functions.

7 of 2007, Sch.

(2) The power of the Corporation to borrow shall be exercisable only with the approval of the Minister, given with the consent of the Minister for the time being responsible for nance, as to the amount (within the maximum specied in subsection (3), as to the sources of the borrowing and as to the terms on which the borrowing may be effected; and an approval given in any respect for the purposes of this subsection may be either general or limited to a particular borrowing or otherwise, and may be either unconditional of subject to conditions.

(3) The Corporation shall not borrow so as to have outstanding at any time (a) in respect of sums borrowed temporarily, by way of overdraft or otherwise, an aggregate amount exceeding twenty-ve million pounds; or (b) in respect of sums borrowed otherwise (whether by way of advance from the Government under section 10 or from other sources) an aggregate amount exceeding fty million pounds.

(4) A person lending money to the Corporation shall not be bound to inquire whether the borrowing of such money is within the power of the Corporation.

10.

(1) Subject to section 9, the Government may, for the purpose Advances and of enabling the Corporation to defray expenditure properly chargeable to guarantee of capital account, including provision of working capital, make advances borrowings by the to the Corporation up to such amounts as may be provided by Parliament.

Government.

(2) The Government may guarantee, in such manner and on such conditions as it may think t, the repayment of the principal of, and the payment of interest and other charges on, any authorized borrowings 8 CAP.

382 Kenya Tourist Development Corporation [Rev.

2010 of the Corporation made otherwise than by way of advances under subsection (1).

(3) Immediately after any guarantee is given under this section, the Minister for the time being responsible for nance shall lay a statement of the guarantee before the National Assembly.

(4)Where any sum is issued for fullling such a guarantee, the Minister for the time being responsible for nance shall, as soon as possible after the end of each nancial year, beginning with that in which the sum is issued and ending with that in which all liability in respect of the principal of the sum and in respect of interest thereon is nally discharged, lay before the National Assembly a statement relating to that sum.

Repayment of 11.

The Corporation shall, at such times and in such manner as advance and sums the Minister may with the approval of the Minister for the time being issued to meet responsible for nance direct, make repayments of such amounts as the guarantees.

Minister may so direct in or towards repayment of advances made to the Corporation under section 10, and of any sums issued in fulllment of any guarantee given thereunder, and payments of interest on what is outstanding for the time being in respect of such advances and of any sums so issued at such rate as he may so direct, and different rates of interest may be directed as respects different advances or sums and as respects interest for different periods.

Reserve fund.

12.

(1) The Corporation shall establish a reserve fund.

(2) The management of the reserve fund, the sums to be carried from time to time to the credit thereof and the application thereof shall be as the Corporation may determine: Provided that no part of the said fund shall be applied otherwise than for the purposes of the Corporation.

Balancing of revenue 13.

(1) It shall be the duty of the Corporation to endeavour to account and surplus revenue.

secure that its revenues are not less than sufcient to meet all sums properly chargeable to its revenue account (including provision in respect of its obligations under section 11 and section 12) taking one year with another.

(2) Any excess of the revenues of the Corporation for any nancial year thereof over the sums properly chargeable to its revenue account for that year shall be applied by the Corporation for such purposes as it may determine with the approval of the Minister given with the consent of the Minister for the time being responsible for nance.

Kenya Tourist Development Corporation CAP.

382 9 Rev.

2010] 14.

(1) The Corporation shall keep proper accounts and other Accounts and audit.

records in relation to the business of the Corporation, and shall prepare 22 of 1987, Sch.

in respect of each nancial year a statement of accounts in such form as the Minister with the approval of the Minister for the time being responsible for nance may direct.

(2) The said statement shall give separate information as respects each of the main activities of the Corporation, and shall show as far as possible the nancial and operating results of each such activity.

(3) The accounts of the Corporation shall be audited by the Auditor-General (Corporations) in accordance with Part VII of the Cap.

412.

Exchequer and Audit Act.

(4) (Repealed by 22 of l987, Sch.).

(5) (Repealed by 22 of 1987,Sch.).

(6) The expenses of and incidental to the audit shall be paid by the Corporation.

15.

(1) The Corporation shall, as soon as possible after the end of Annual Report.

each nancial year, make to the Minister a report on the exercise and performance by the Corporation of its functions during that year and on its policy and programmes.

(2) The report of the Corporation for any year shall set out any direction given by the Minister to the Corporation during that year, unless the Minister has notied the Corporation his opinion that it is against the public interest to do so.

(3) The Minister may give directions as to the form of the reports to be made under this section, and the Corporation shall comply with any such directions.

(4) The Minister shall lay before the National Assembly a copy of the report made for each nancial year by the Corporation, and the Corporation shall, if the Minister so requires, publish such report in such manner as the Minister may specify.

16.

Any sums required for fullling any guarantee under this Act Issues out of and of borrowings of the Corporation shall be charged on and issued out of payments into the Consolidated Fund, and all sums repaid by the Corporation under Consolidated Fund.

section 11 shall be paid into the Consolidated Fund.

10 CAP.

382 Kenya Tourist Development Corporation [Rev.

2010 sCheDule (S.

5 (4)) prOVISIONS aS tO KeNYa tOurISt deVelOpMeNt COrpOratION Corporate Capacity 1.

The Corporation shall be a body corporate with perpetual succession and a common seal, with the capacity to sue and be sued, and with power to purchase, hold, manage and dispose of land.

Tenure and Vacation of Ofce 2.

(1) This paragraph shall apply to the chairman and other members of the Corporation who are appointed by the Minister.

(2) Subject as hereinafter provided the chairman and other members to whom this paragraph applies shall hold or vacate ofce as such in accordance with the instruments respectively appointing them.

(3) The chairman and any other member to whom this paragraph applies may at any time, by a notice in writing under his hand addressed to the Minister, resign his ofce as such.

(4) If the Minister is satised that the chairman or any other member to whom this paragraph applies (a) has been absent from three consecutive meetings of the Corporation without the permission of the Corporation; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unt to discharge the functions of his ofce, the Minister may declare his ofce as chairman or a member of the Corporation, as the case may be, to be vacant, and shall notify the fact in such manner as the Minister thinks t; and thereupon the ofce shall become vacant.

(5) The chairman and any other member to whom this paragraph applies who ceases to hold office as such shall be eligible for reappointment.

Kenya Tourist Development Corporation CAP.

382 11 Rev.

2010] Remuneration 3.

The Corporation shall pay to each member thereof (other than a member who is a public ofcer in receipt of a salary), in respect of his ofce as such, such remuneration as may be determined by the Minister with the consent of the Minister for the time being responsible for nance, and shall pay to the chairman thereof, in respect of his ofce as such, such remuneration (in addition to any remuneration to which he may be entitled in respect of his ofce as a member) as may be so determined.

4.

The Corporation may in its discretion pay to the chairman and other members such travelling and other expenses as may reasonably have been incurred by them by reason of the duties of their ofce.

Meetings and Proceedings 5.

Subject as hereinafter provided, the Corporation shall have power to regulate its own procedure.

6.

The Corporation shall meet not less than six times every year.

7.

The chairman, or where the chairman is not available, the vice- chairman, may at any time convene a special meeting of the Corporation, and shall do so within one month of the receipt by him of a written request signed by at least two other members.

8.

In the absence of the chairman from any meeting of the Corporation the vice-chairman shall preside, and in the absence of both chairman and vice-chairman, the members present shall elect one of their members to preside at such meeting.

9.

At every meeting of the Corporation the chairman or other member presiding shall have a casting as well as a deliberative vote.

10.

The validity of any proceedings of the Corporation shall not be affected by any vacancy amongst the membership thereof, or by any defect in the appointment of a member thereof.

11.

The quorum shall be six, and, where any member is disqualied from taking part in any deliberation or decision of the Corporation with respect to any matter, he shall be disregarded for the purpose of constituting a quorum of the Corporation for deliberating on or deciding that matter.

12 CAP.

382 Kenya Tourist Development Corporation [Rev.

2010 Declaration of Interest 12.

A member of the Corporation who is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in any contract made or proposed to be made by any body or person in which the Corporation holds an interest, which is brought up for consideration by the Corporation, shall, as soon as possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the Corporation, and the member shall not take any part after the disclosure in any deliberation or decision of the Corporation with respect to that contract: Provided that the failure of any member of the Corporation to comply with the provisions of this section shall not affect the validity of any proceedings of the Corporation.

Authentication and Proof of Documents 13.

The xing of the common seal of the Corporation shall be authenticated by the signatures of (a) the chairman of the Corporation, or some other member thereof authorized either generally or specially by the Corporation to act in his stead for that purpose; and (b) some other person authorized by the Corporation, either generally or specially, to act for the purpose.

14.

The Corporation may, by writing under its common seal, empower any person, either generally or in respect of any specied matter, as its attorney to execute deeds on its behalf in any place outside Kenya; and a deed signed by such an attorney on behalf of the Corporation and under his seal shall bind the Corporation and have the same effect as if it were under the common seal of the Corporation.

15.

Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed on behalf of the Corporation by any person generally or specially authorized by the Corporation for that purpose.

16.

Any document purporting to be a document duly executed under the seal of the Corporation or under the seal of an attorney of the Corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed.

Kenya Tourist Development Corporation CAP.

382 13 Rev.

2010] Staff of Corporation 17.

The Corporation may employ such ofcers, servants or agents as may appear to it to be necessary for the efcient discharge of its functions.

18.

The Corporation shall (a) pay to its ofcers, servants and agents such remuneration as the Corporation may determine; and (b) as regards any ofcers, servants or agents in whose case it may be determined by the Corporation with the approval of the Minister to make provision for the payment of pensions, gratuities or other like benets on their death, injury or retirement, pay or provide for the payment to them or to others by reference to their service, of such pensions, gratuities or other like benets, as may be so determined.

19.

Provision for pensions, gratuities or other like benets under the foregoing paragraph may be made either by contributory or by non- contributory arrangements or partly by the one and partly by the other.

Exemption from Stamp Duty 20.

No duty shall be chargeable under the Stamp Duty Act in Cap.

480.

respect of any instrument executed by or on behalf of or in favour of the Corporation in any case where, but for this exemption, the Corporation would be liable to pay such duty.

21.

Save as provided in the last foregoing paragraph, nothing in this Act shall exempt the Corporation from liability for any tax, duty, rate, levy or other charge whatsoever, whether general or local.

.