The tourist industry in Kenya: the role of law in the sector's contribution to national development
Musyoka, William M Nduli
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This thesis has considered the continuing growth of the influence of tourism in the national economy and its ties with the world' economy as regards defining the national economic sovereignty. The emphasis is on the role that law plays and can play in directing development of tourism towards greater gain for the national economy. In the first chapter an attempt is made to define, describe and analyse tourism. Some attention is given to the relations between tourism and national development, and to the nature of the interaction between international tourism and economic dependence. The approach of the study is that tourism is a good manifestation of the capitalist process and that its tentacles on the international level have ramifications which affect not only a particular nation state, but also the class relationships within the nation. The second chapter looks at Kenya's economic policy framework both broadly and within the narrow framework of the tourist ~ndustry. Var~ous government policy documents are referred to and d~scussed. The prevailing opinion of the country's leader- ship, as emerges prescriptions of multilateral bodies such as the World Bank and the International Monetary Fund (I.M.F.), is that tourism is a vehicle of development whose activities should be promoted. It has been pointed out that tourism is inimical to the concept of economic sovereignty as it encourages the prevalence of exploitation and dependency. Tourism development policy should ideally aim at a stricter regulation of the sector. The third chapter examines the law as it affects the sector. The study discusses the present regulatory and monitoring devices of the tourist industry, concentrating on the various methods of control. It has been deemed necessary to examine the relevant aspects of the legal environment, which includes taxation, freedom to repatriate earnings and capital, and so on, to gi.ve SO'IIleideaofthe'range of policies which prevai.l ''-~be 'l~gal instruments used to implement .them. (The for the implementation of the law relating to the sector. The various institutions created by law for the regulation of the sector ar~ st~died. The chapter further looks at the various legal and extra-legal mechanisms for the control of the tourist industry r&gulatory devices. The performance of the institutions created by law is evaluated and the factors that affect their efficacy highlighted. from the government policy documents plus the between the form, content and values of our law and our still essentially capitalist structure and, therefore, if the structure changes law will change with it. To have meaningful action with the regard to the functioning of the tourist industry, it becomes necessary to have fundamental change in the body politic in both political, social and economic terms.