ADVOKS GLOBAL · KENYA
Special Economic Zones Act
33. Rights and obligations of an economic zone developer or operator
Edition: 2026-05-15 · In force
33. Rights and obligations of an economic zone developer or operator
(1)A special economic zone developer shall have the right to—(a)act or appoint a special economic zone operator to undertake management and administration of the special economic zone on its behalf subject to subsections (2), (3) and (4) of this section, section 28 (b) and such other licensing requirements as may be prescribed;(b)lease, sub-lease or sell land or buildings to licensed special economic zone operators special economic zone service permit holders and enterprises and residents, and charge rent or fees for other services that may be provided;(c)acquire, dispose or transfer special economic zone lands or other assets;(d)develop, operate and service special economic zone lands and other assets in conformity with applicable law and its licence;(e)provide utilities and other services in the special economic zone, in accordance with its licence, and to charge fees for such services;(f)provide utilities and other services outside the special economic zone in conformity with applicable law;(g)enjoy the benefits that may accrue under the provisions of this Act;(h)enter into contracts with private third parties for the development, operation, and servicing of special economic zone lands and other assets, including on-site and off-site infrastructure;(i)enter and freely participate in international financial markets, without any legal impediments or restrictions, to obtain funds, credits, guarantees and other financial resources; and(j)advertise and promote the special economic zone for which it holds a licence to potential investors and service providers.(2)A special economic zone developer shall, in such manner as may be prescribed—(a)perform such physical development works or make such improvements to the special economic zone site and its facilities as may be required according to the plans approved by the Authority;(b)provide adequate measures to segregate the zone area from the customs territory for the protection of revenue together with suitable provisions for the movement of persons, conveyances, vessels and goods entering or leaving the zone;(c)provide or cause to be provided, adequate security on the site, as may be determined by the Authority in its licence;(d)adopt and enforce such rules and regulations within the special economic zone that promote safe and efficient business operations;(e)maintain adequate and proper accounts, and other records in relation to its activities, employment statistics, business and report on zone activities, performance and development to the Authority on a periodic basis or as required by the Authority; and(f)register all leases with the Authority.(3)The accounts and records required under paragraph (e) of subsection (2) shall be maintained in any of the official languages.(4)A special economic zone developer or a special economic zone operator who fails to maintain adequate and proper accounts and other records as required by this section commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding six months, or both.