The Air Passenger Service Charge (Amendment) Bill, 2025 (National Assmebly Bills No. 35)

SPECIAL ISSUE

Kenya Gazette Supplement No.126(National Assembly Bills No.35)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI,16thJuly,2025

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |--------------------------------------------------------|--------| | The Air Passenger Service Charge (Amendment) Bill,2025 | 799 |

NATIONAL ASSEMBLY RECEIVED

04AUG2025

DIRECTOR LEGAL SERVICES P.O.B041842-00100,NAIROBI

THE AIR PASSENGER SERVICE CHARGE (AMENDMENT)BILL,2025

A Bill for

AN ACT of Parliament to amend the Air Passenger

Service Charge Act,and for connected purposes

ENACTED by the Parliament of Kenya,as follows-

• This Act may be cited as the Air Passenger Service Chage(Amendment) Act,2025.
• 2.Section 3 of the Air Passenger Service Charge Act is amended by deleting sub-section (3) and substituting therefor the following new sub-section-
• "(3) All proceeds of the charge imposed under this secticn shall be apportioned between the Kenya Airports Authority,the Kenya Civil Aviation Authority,the Tourism Fund and the Keaya Meteorological Service Authority in such matner as the Cabinet Secretary may,by notice in the Gazette,specify"
• 3.The Tourisn Act is amended in section 66(2) by inserting the following new paragraph immediately after paragraph (c)-

"(ca) proceeds received under section 3(3) of the Air Passenger Service Charge Act"

Short title.

Amendment of section 3 of Cap. 475.

Consequential amendment. Cap.381

MEMORANDUM OF OBJECTS AND REASONS

The objective of this Bill is to amend the Air Passenger Service Charge Act (Cap.475) to provide for the allocation of proceeds derived from the air passenger service charge to the Tourism Fund and the Kenya Meteorological Service Authority,in addition to the Kenya Airports Authority and the Kenya Civil Aviation Authority. It seeks to reallocate the proceeds designated to the Tourism Promotion Fund to the Tourism Fund established under the Tourism Act (Cap. 381). This would limit duplication of roles,improve efficiency,and enable the Government to support the financing of tourism-related projects from a single source especially those that require strategic and sometimes blended funding approaches. This would ensure efficiency in public resource utilization.

Further,it seeks to allocate proceeds to the Kenya Meteorological Service Authority to enable it finance its key responsibilities and functions and thereby deliver on its statutory mandate efficiently and effectively.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Bill neither delegates legislative powers to the Cabinet Secretary

nor does it limit any fundamental rights or freedoms.

Statement as to whether the Bill concerns counties within the meaning

of Article 110(1)

The Bill does not concern county governments in terms of Article 110(1)(a) of the Constitution,and does not affect the functions and powers of county governments stipulated in the Fourth Schedule to the Constitution.

Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution

The Bill is not a money Bill within the meaning of Article 114 of the Constitution,and its enactment shall not occasion additional expenditure of public funds.

Dated the 10th July,2025.

KIMANIICHUNGWAH, The Leader of Majority Party.

Section3of Cap.475whichit isintended toamend-

• 1.Subject to this Act,there shall be paid by every
• journey an air passenger service charge of
• (a) fifty United States dollars or the equivalent in specified currency or in Kenya shillings for an external journey;and
• (b) six hundred shillings for an internal journey.
• (c) The Cabinet Secretary may,by noticein the Gazette, from time to time vary the charges specified in this section.
• (d) All proceeds of the charge imposed under this section shall be apportioned between the Kenya Airports Authority,the Kenya Civil Aviation Authority and the Tourism Promotion Fund in such manner as the Cabinet Secretary may,by notice in the Gazette,specify

Section 66of Cap.381 which it is intended to amend-

• 1.There is established a fund to be known as the Tourism Fund which shall vest in and be operated and managed by the Board of Trustees.
• 2.There shall be paid into the Fund-
• purposes of the Fund;
• b) )monies received under section 105(4),fees and other monies charged upon tourism activities and
• services;
• (c)income from investments made under section 69(e) or (j) by the Board of Trustees;
• d) grants,donations,bequests or other gifts made to
• the Fund;and
• Cabinet Secretary for the time being responsible for matters relating to finance.

passenger service

Imposition of charge.

Establishmentof Tourism Fund.