The Council of Governors (CoG) has recommended the withdrawal of the Tourism (Tourism Enterprise) Regulations, 2026, citing several concerns over their constitutionality and potential conflict with the devolved system of government.

Representing the Council, Narok Governor Patrick Ole Ntutu, who chairs the CoG Tourism and Wildlife Committee told the Senate Committee on Delegated Legislation that following an extensive review, the Council had resolved to reject the Regulations in their entirety.

The Council argued that the legislation undermines devolution by introducing a licensing framework that overlaps with functions assigned to County Governments under Part Two of the Fourth Schedule.

Governor Ntutu raised concerns that the Regulations appeared to establish a system in which county licences would be subordinate to those issued by the Tourism Regulatory Authority (TRA). He noted that this contradicted the Constitution, which expressly assigns trade licensing to county governments.

Tourism Regulatory Authority Director General Norbert Talam, who attended the meeting was given time to prepare a comprehensive submission to the Committee, addressing the concerns raised by the Council and other stakeholders regarding the Regulations.

Meanwhile, Senators put Principal Secretary for Tourism Silvia Museiya on the spot demanding an explanation as to why her Department was implementing what the Committee described as illegal Regulations.

The Committee declined to allow the PS to proceed after it emerged that the Regulations had already been put into operation despite not having undergone the legally required scrutiny and approval process in the Senate.

The Committee resolved to convene another meeting with the Cabinet Secretary for Tourism and Wildlife, alongside the Principal Secretaries responsible for Tourism and Wildlife before making its recommendations to the House.

Senators who attended the meeting included Committee Chairperson Mwenda Gataya (Tharaka Nithi), Vice-Chairperson Danson Mungatana (Tana River), Mohamed Faki (Mombasa), Dan Maanzo (Makueni) and Betty Montet.