Focus Shifts to Airbnb Services After Two Murders in Nairobi

Authorities in Kenya plan to crack down on premises claiming to be offering online homestays and experiences through Airbnb.

This is after it emerged a house where socialite Starlet Wahu Mwangi’s body was found was not registered with Airbnb.

An Airbnb spokesperson said the property in question in South B did not have any reservations for the dates reported.

Wahu was found dead in an apartment said to have been an Airbnb hours after the incident happened on January 4.

“We are deeply saddened to learn of this shocking event, but it is important to make clear that this is not connected to Airbnb in any way.”

“The property in question did not have a reservation booked on Airbnb for the dates reported, and we do not have an account registered to the name of the accused. Our thoughts are with the victim’s loved ones during this unimaginably difficult time,” a statement said.

Airbnb is an American company operating an online marketplace for short- and long-term homestays and experiences.

The company acts as a broker and charges a commission from each booking.

Airbnb is often used as a catch-all term to describe an entire industry, and the property is listed on other platforms such as Booking.com.

The statement came following reports the house was a registered Airbnb.

Officials aware of the plans said they want to ensure all premises offering room services comply with the law.

How to create an Airbnb account

Creating an Airbnb account is free and easy. Just go to airbnb.com and click Sign Up, or download our mobile app and follow the instructions.

What you need for bookings 

At a minimum, we need your:

· Full name

· Email address

· Confirmed phone number

· Payment information

Identity verification

Depending on your destination and other factors, the provider may need to verify your identity as part of the booking process. They will ask for-

· Legal name, address and/or other personal information: In some cases, these are sufficient for us to verify your identity.

· Photo of your government ID: This could be a driving license, passport, identity card or visa. Learn more about types of government ID.

· Selfie: We may need to ask you for a photograph in case we are unable to verify your Government What a Host may ask for

The Host may ask for:

· Agreement to house rules

· ID upon check-in, if done in person and if the requirement is in the Host’s house rules at the time of booking or as required under applicable laws

Since its inception in 2008, Airbnb has taken the global market by storm. In 2018, a report by the Airbnb platform ranked Nairobi third, among the top cities in Africa with the highest number of listed Airbnb facilities.

Currently, Kenya ranks in the top ten most visited and trending tourist destinations in Africa despite the Covid pandemic that disrupted many businesses in the country.

In 2021, the Tourism Regulatory Authority (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.

This is achieved through registration, licensing, and quality assurance audits of all tourism activities and services provided countrywide.

Which premises can be listed as an Airbnb in Kenya?

The facilities that can be listed in the Airbnb platform as provided in the Ninth Schedule of the Tourism Act, 2011 include but limited to serviced (furnished) flats and apartments, villas, homestays, condominiums, tree houses, floatels, bandas, beach cottages, holiday cottages, tented camps, and timeshares.

What you need to know about registration & licensing of Airbnbs in Kenya:

1.   Licensing

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 licence, they are required to make a one-off application fee of Sh1,000/= and an annual licence fee for each unit owned (the rates are provided below) together with the following documents:

A duly filled application form;

The original deposit slip/advise for the application & license fee (proof of payment);

Tariff/rack rates;

A copy of Title Deed/Lease Agreement for the premises;

Copies of ID’s/ passport if one is an individual and a Certificate of Incorporation if one is a Company; and

A copy of the applicant’s PIN Certificate.

The annual licence fee to be paid varies with the type of Airbnb: serviced flats & apartments, villas, holiday cottages, and timeshares are charged a license fee of Sh26,000 per year; beach cottages, tree houses are charged Sh21,000 per year and hostels and guest houses are charged Sh11,000 per year and homestays are charged between Sh1,000 to Sh3,000 per year depending on its location.

1. Compliance with standards and requirements set by the TRA

Before issuance of the license, the TRA will dispatch an officer to inspect the premises and confirm if the Airbnb has complied with the standards and requirements listed in the First Schedule of the Tourism Regulatory Authority Regulations, 2014.

1. Other licences to be procured

NEMA Licence

Section 98(5)(c) of the Tourism Act, imposes an obligation on a host/owner of an Airbnb to procure an environmental impact assessment licence (NEMA licence) over the premise.

Single Business Permit

An Airbnb is regarded as an income-generating business as such the host is required to obtain a business permit from the County Government allowing the him/her to run the business.

Home Insurance

It’s important to obtain home insurance to insure the premises and all the belongings in it against life’s unexpected events such as damage, fire, theft, natural causes, or other losses.

The plan can further be extended to cover your Airbnb’s employees and occupiers against any liability arising from an accident or incident occurring on the premises.

1. Penalties & Offences

An application for renewal of the TRA licence must be made within three months prior to the expiry of the licence.

Failure to make the application for renewal, the host will be liable to pay a penalty of 10% of the license fee for each month they are in default; and

Failure to apply for a licence or furnish the licence upon request amounts to an offense under the Tourism Act, 2011, and exposes the host to a fine of Sh100,000/= or a jail term of up to 18 months or both; and

Failure to comply with the standards and requirements set by the TRA will lead to the suspension of your licence and the closure of your Airbnb business.

Essential Documentation for Operating an Airbnb Business in Kenya

1.   Proof of Premises Insurance Coverage: It’s vital to provide evidence of insurance coverage for your property. This ensures protection against unforeseen events and liabilities, giving both you and your guests peace of mind during their stay.

2.   Recent Health Clearance Certificate: A copy of the current health clearance certificate, issued within the last three months, is required. This certificate affirms that your property meets health and safety standards, ensuring a comfortable and safe environment for guests.

3.   Food Handlers’ Medical Certificate: If you provide food-related services, ensure you have the medical certificates of your food handlers. This certification underscores your commitment to maintaining hygienic and quality dining experiences for your guests.

4.   NEMA ‘No Objection’ Letter: Obtain a ‘no objection’ letter from the National Environment Management Authority (NEMA). This demonstrates compliance with environmental regulations and showcases your commitment to sustainable practices.

5.   Environmental Compliance Documents: Depending on your property’s status, either an Environmental Impact Assessment (EIA) for new facilities or an environmental audit for existing facilities is necessary. These documents emphasize your dedication to maintaining eco-friendly operations.

6.   Tourism or Space Development Plan Compliance: Align your business with local tourism or space development plans. This illustrates your integration into the community’s growth and development vision.

7.   Lease Agreement or Deed of Conveyance: Keep a copy of your property’s lease agreement or deed of conveyance on hand. This confirms your legal entitlement to operate the business on the premises.

8.   Work/Entry Permits for Non-Kenyans: If non-Kenyans are involved in your business, ensure their work or entry permits are in order. Alongside this, maintain copies of testimonials for non-resident directors, demonstrating your adherence to legal requirements.

9.   Company Registration Certificate: For new applicants, provide a certificate of registration for your company. This validates your business’s legal existence and standing within the industry.

10.        Memorandum and Articles of Association: Similarly, new applicants should furnish the memorandum and articles of association. This outlines your business’s structure, objectives, and operational framework.