Those offering short-term accommodations have a week to register them with the Tourism Regulatory Authority (TRA).
This is after three Principal Secretaries issued new directives targeting the sector.
They said in light of the recent disturbing murder incidents in short-term accommodations, prioritizing and enforcing existing regulations is a critical step in addressing and mitigating these concerning occurrences.
The PS’ Raymond Omollo, Anne Wangombe, Beatrice Inyangala, and John Ololtuaa said that the crackdown starts next week.
The PS’ said starting from February 5, 2024, the National Government Administrative
Officers (NGAOs), in collaboration with the TRA, will commence stringent inspections of all registered properties.
“We will subsequently coordinate with booking platforms to restrict unregistered rentals and further institute severe penalties, including fines and revocation in cases of non-compliance.”
“Resident Associations are encouraged to work closely with law enforcement agencies for effective enforcement.
This includes sharing information, joint inspections, and coordinated responses to any safety
standard violations,” they said.
They added the initiative underscores our commitment to safeguarding the well-being of individuals using these services.
“We urge all stakeholders in the short-term rental sector to adhere to these regulations, recognizing their legal and moral responsibility in ensuring a safe environment for all individuals regardless of gender.”
They said the Private Security Regulatory Authority has implemented stringent safety protocols aimed at enhancing security and accountability within these premises.
“Security guards are now legally mandated to record the identification details of all individuals entering these premises,
documenting their time of entry and exit and temporarily retaining all visitors’ identification documents.”
“Moreover, these measures mandate the installation of CCTV surveillance systems, ensuring that the recording of footage remains consistently up-to-date, they said in a joint statement.
They said effective immediately, all operators of short-term accommodation rentals, including Airbnbs, are required to TRA.
In 2021, TRA enacted new regulations on the registration and licensing of Airbnb facilities in Kenya.
The regulatory stated that the new regulations were prompted by the dynamic and emerging traveler trends that necessitated different concepts in the local and global spheres.
TRA is a state corporation established under section 4 of the Tourism Act No. 28 of 2011 with the mandate to regulate all tourism activities and services in Kenya.
Section 7(1)(c) of the Tourism Act, 2011, and Part III of the Tourism Regulatory Authority, Regulations 2014 make it mandatory for persons carrying out tourism businesses and services to be licensed by the Tourism Regulatory Authority (TRA).
For members to be successfully registered by the TRA and be issued a regulatory license, they are required to make a one-off application fee of Sh1,000 and an annual license fee for each unit owned.
This registration process is designed to ensure that all accommodations meet the highest standards of safety and security for
guests.
The officials called for increased public awareness and action to address the global issue of violence against women.
“It’s crucial that stakeholders at all levels – Government, community, individuals, and international actors –collaborate to create a safer environment for women and hold perpetrators accountable.”
The Director of Criminal Investigations has formed a dedicated team to tackle cases of femicide, and with rigorous enforcement, our goal is to foster a safer space for everyone.
Security guards manning private and public premises hosting lodgings and other forms of accommodation must take details of visitors and retain temporarily their identification documents.
The move comes in the wake of two murder incidents at private apartments that offered lodging services in the city.
Director General of Private Security Regulatory Authority (PSRA) Fazul Mahamed on Monday, January 15 wrote to all directors and managers of private security companies, providers, and individual guards to remind them of their powers to record and temporarily withhold documents in accommodation, lodging, and hospitality establishments.
“In response to the alarming increase in reported incidences of crime including murder cases, happening within residential apartments, particularly those affiliated with online accommodation, lodging, and hospitality platforms such as Airbnb, the Authority hereby issues the following directive aimed at addressing the emerging trends of insecurity to deter criminal activities within these premises and to further safeguard the safety of residents and guests,” he said.
He said section 48 of the Private Security Regulation Act empowers a private security officer stationed at the entry of any premises or property to require a person to identify themselves, register the time of entry and exit of the person, and retain temporarily the identification documents of such a person.
“In furtherance of the above-stated provision of the law, all private security service providers offering private security services in residential apartments, lodging, and hospitality establishments are hereby directed to effective immediately comply with Section 48 of the Act”
At the entry of any premises or property within the jurisdiction and care of a private security service provider, a security guard, or a security officer, the private security service provider, security guard or officer shall require a person to identify themselves, register the time of entrance and exit of the person and retain temporarily the identification document of such person, he added.
He told the guards to ensure that the identification details of all individuals accessing such premises are recorded in a register in an accurate and timely manner, documenting the time of entry and exit for each person.
Further, they must maintain a current and accurate log of all vehicles, rickshaws, and motorcycles entering and/or departing from the facilities within the jurisdiction of a private security service provider.
They should also maintain a register of all private security officers providing private security services in residential apartments, lodging, and hospitality premises for both day and night shifts.
The guards must also ensure that the CCTV and security cameras are in proper working condition and recording of footage is up-to-date and maintain an updated Access Control Policy a copy of which should be strategically displayed at the point of entry and exit at the guarded premises.
The guards were also told to maintain a security occurrence book to record daily significant incidents and notable events relating to the safety of residents and guests within the premises.
“The identification documents surrendered at the point of entry shall be returned back to the person at the point of exit, not be used for any other purpose save for identification, and be kept in safe custody until given back to the owner.”
Fazul said a private security service provider who violates Section 48 of the Act, uses the identification documents/details surrendered by individuals at the entry of any premises or property for any other purpose save for identification, and/or willfully fails to comply with this directive, commits an offense.
The guards shall in addition to the cancellation of their license, be liable on conviction to the penalty prescribed under the Act or any other written law whichever is higher.
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