Kenyan Businesswoman Arrested in Zanzibar Over Alleged Illegal Tourism Operations

A Kenyan businesswoman, Esther Mutheu Samuka, has been arrested in Zanzibar alongside two other foreign nationals over allegations of conducting tour and excursion activities reserved exclusively for Zanzibari citizens.

The Zanzibar Commission for Tourism (ZCT) identified the other two suspects as Mukembo Emmanuel and Karungi Scovia. The three were arrested on August 18 during a joint operation involving the ZCT and the Immigration Department.

“The Zanzibar Commission for Tourism wishes to inform the general public and all visitors to Zanzibar that it has apprehended three foreign nationals who were found conducting tour and excursion operations in Zanzibar contrary to the laws and regulations governing tourism activities in Zanzibar,” the commission said.

Under Section 19(b) of Zanzibar’s Tourism Act No. 6 of 2009, tour operations and shuttle boat businesses are reserved exclusively for Zanzibaris, regardless of whether foreign nationals have established a physical presence on the island.

Authorities have not disclosed the exact tourism activities the three were allegedly carrying out or provided further details surrounding their arrest.

The commission said it “will continue to take appropriate legal and administrative action against anyone found conducting tourism business” in violation of the law. It has, however, not stated whether the suspects will face formal charges.

The arrests come amid a wider crackdown on foreign nationals operating in Zanzibar’s tourism industry. In January, the ZCT warned operators after investigations revealed cases where local citizens were allegedly being used as proxies to front tourism businesses controlled by foreigners who did not meet local ownership requirements.

Operators were given until January 20 to regularise their arrangements or face a “special inspection and law enforcement operation.”

Foreign investment in Zanzibar’s tourism sector is separately regulated under the Investment Act of 2023, which requires foreign hotel and real estate investors to meet a minimum capital threshold of USD 2.5 million, compared with USD 100,000 for locals.

Industry players have largely supported the enforcement measures. Stefano Marra, founder of Heart of Africa Expeditions, said businesses operating in regulatory “grey zones” take value from destinations without contributing proportionately to local systems.

The ZCT has urged tourists to use only licensed and legally recognised operators, saying the measures are intended to promote lawful, safe and quality tourism services.

For Kenyans and other East Africans seeking to do business in Zanzibar, the arrests highlight the legal risks of operating in tourism sectors reserved for local citizens, regardless of the size of the investment.