Hotels Act

Defines "authorised person" as any person authorised in writing by the board to carry out any function or perform any duty of the board under this Act or under any regulations made under it.

The board may require a hotelkeeper, by written notice, to replace an unlicensed manager with a licensed one or to remedy specified defects within the notice period; if the hotelkeeper fails to comply the board may cancel the hotel's licence.

The board must not refuse an application for a licence under section 8 or cancel a licence under section 10 unless the applicant or hotelkeeper has had an opportunity to appear before the board (personally or by advocate) in support or opposition.

A person aggrieved by the board's refusal or cancellation may appeal to the High Court within thirty days; appellants must follow appeal rules set by the Chief Justice; the board must inform applicants of its reasons on request; the board may appear at appeals and appellants may be heard in person or by advocate.

Any person carrying on or managing a hotel must observe duties and obligations towards persons residing in or visiting the hotel.

Members of the board or authorised persons may enter and inspect any hotel or part of it at all reasonable times.

Creates an offence of opposing or obstructing the board or any authorised person in the exercise of powers, duties or functions under the Act or regulations.

Every hotelkeeper is liable for acts and omissions of persons employed in the hotel that concern the hotel business; if such acts or omissions are offences under the Act, the employer and the person are jointly and severally liable to the Act's penalties.

Hotelkeepers must receive, lodge and entertain travelling guests at reasonable prices and make provision for luggage; they may demand reasonable advance payment; contravention is an offence punishable by a fine not exceeding two thousand shillings.

A hotelkeeper is not liable for loss or injury to guests' goods beyond one thousand shillings, subject to section 4, except where loss is due to the hotelkeeper's wilful act/default/neglect or where goods were deposited for safe custody; the hotelkeeper may require sealed deposits.

Hotelkeepers must exhibit at least one printed copy of sections 2 and 3 in English in a conspicuous place in the hall or entrance of their hotel; the hotelkeeper is entitled to the benefit of section 3 for goods or property brought to the hotel only while such a copy is exhibited.

A hotelkeeper has the right to sell by public auction goods left at the hotel when the depositor is indebted for board or lodging, subject to waiting six weeks, limits on the debt, and giving one month's newspaper notice; any surplus from sale must be paid on demand to the depositor.

Creates the Hotels Board; the Minister appoints at least five members and the chair, three members form a quorum, members hold office for three years (or other period as Minister appoints) and the Minister may revoke appointments; majority decisions prevail; the chair has an original and casting vote when needed; notices signed by the chair, another member acting on the chair’s behalf, or the secretary are deemed issued on the board’s authority.

The board and its members are not liable in damages for acts or omissions done in good faith and without negligence when carrying out board functions or duties under the Act.

Persons must not keep or manage a hotel unless a valid licence from the board is in force; persons who employ unlicensed managers are also prohibited from doing so.

A board must not grant a hotel licence under section 8(1) or 8(2) unless the applicant satisfies the board of specified suitability, sanitation, food preparation and manager licensing (section 9(1)) and of good character and fitness to manage (section 9(2)).