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Kenya Act or statute

Parliament of Kenya

Civil Aviation Act

This Act may be cited as the Civil Aviation Act, 2013. References to 'goods or articles' in this Act include baggage, mail and animals. Section 3 lists the areas and actors to which the Act applie…

Jurisdiction
Kenya
Structure
105 provisions
Citation
Cap. 394
Dates
As at 26 Apr 2024
More statute details
Dates
As at 26 Apr 2024

Source attribution: Source: Kenya Law

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01

Purpose and legislative effect

“This Act may be cited as the Civil Aviation Act, 2013.”

This Act may be cited as the Civil Aviation Act, 2013. References to 'goods or articles' in this Act include baggage, mail and animals. Section 3 lists the areas and actors to which the Act applies (aerodromes, air services, various categories of aircraft, personnel and operators, enterprises involved in aircraft design/maintenance, and air navigation services) and sets limited rules on state aircraft and rules of the air. The Authority may share aviation safety and security information with other Civil Aviation Authorities in Contracting States, subject to appropriate safeguards. A person who, without lawful excuse, refuses or fails to comply with a summons or gives false or misleading information or evidence in proceedings of the Authority or when complying with a summons commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings.

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Showing 105 of 105 provisions

Provision 59Offence 34Commencement 5Repeal 3

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Civil Aviation Act, 2013.

Section 1. Short title Section This Act may be cited as the Civil Aviation Act, 2013.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationAmendment

References to 'goods or articles' in this Act include baggage, mail and animals.

Section 2. Interpretation Section 2(1)(a) being in the aircraft, or Section 2(1)(a)(i) being in the aircraft, or Section 2(1)(a)(ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or Section 2(1)(a)(iii) direct exposure to jet blast, Section 2(1)(b) adversely affects the structural strength, performance or flight characteristics of the aircraft, and Section 2(1)(b)(i) adversely affects the structural strength, performance or flight characteristics of the aircraft, and Section 2(1)(b)(ii) would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome; or Section 2(1)(c) the aircraft is missing or is completely inaccessible; Section 2(1)(a) unlawful seizure of aircraft in flight or on the ground; Section 2(1)(b) hostage taking on board aircraft or on aerodromes; Section 2(1)(c) forcible intrusion on board an aircraft, at an aerodrome or on the premises of an aeronautical facility; Section 2(1)(d) introduction on board aircraft or at an airport of a weapon or hazardous device or material intended for criminal purposes; Section 2(1)(e) communication of false information such as to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviations facility; Section 2(1)(f) destroying or causing damage to air navigation facilities, or interfering with their operation, if any such act is likely to endanger the safety of aircraft in flight; Section 2(1)(g) violence against a person on board an aircraft in flight, if that act is likely to endanger the safety of that aircraft; Section 2(1)(h) causing destruction to an aircraft in service, or causing damage to an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; Section 2(1)(i) perform an act of violence against a person at an airport serving civil aviation which causes or is likely to cause serious injury or death; Section 2(1)(i)(i) perform an act of violence against a person at an airport serving civil aviation which causes or is likely to cause serious injury or death; Section 2(1)(i)(ii) destroy or seriously damage the facilities of an airport serving civil aviation or an aircraft not in service located at the airport or disrupting the services of the airport, if that act endangers or is likely to endanger safety at that airport; Section 2(1)(j) use of an aircraft in service for the purpose of causing death, serious bodily injury, or threats of bodily harm to passengers and crew or persons not on the aircraft but whose safety are of interest to passengers or crew on the aircraft or serious damage to property or the environment; Section 2(1)(a) communication services, whether ground to air or ground to ground, provided for the safety of the aircraft; Section 2(1)(b) navigational services, that is to say radio, radar and visual aids to navigation; Section 2(1)(c) air traffic services provided for the safety of aircraft; and Section 2(1)(d) aeronautical information services; Section 2(1)(a) any amendment to the Convention which has entered into force under Article 94 (a) of the Convention and has been ratified by Kenya; Section 2(1)(b) any annex or amendment thereto accepted under Article 90 of the Convention; and Section 2(1)(c) the international standards and recommended practices from time to time accepted and amended by the International Civil Aviation Organization pursuant to Article 37 of the Convention; Section 2(1)(a) notices to airmen; Section 2(1)(b) aeronautical information publications; Section 2(1)(c) notices to licensed aircraft maintenance engineers and to owners of civil aircraft; Section 2(1)(d) civil aviation publications; Section 2(1)(e) aeronautical information circulars; Section 2(1)(f) manuals of procedures; Section 2(1)(g) advisory circulars and orders; and Section 2(1)(h) technical standards; Section 2(2) Any reference in this Act to goods or articles shall be construed as including a reference to baggage, mail and animals. Section 2(3) Deleted by Act No. 42 of 2016 , s. 2. [ Act No. 18 of 2014 , Sch., Act No. 19 of 2014 , s. 97, Act No. 42 of 2016 , s. 2, Act No. 3 of 2024 , Sch.]
Section 2Verify source
§ 3PRELIMINARY - 3. Application of the ActProvision

Section 3 lists the areas and actors to which the Act applies (aerodromes, air services, various categories of aircraft, personnel and operators, enterprises involved in aircraft design/maintenance, and air navigation services) and sets limited rules on state aircraft and rules of the air.

Section 3. Application of the Act Section 3(1)(a) aerodromes used for civil aviation in Kenya; Section 3(1)(b) air services established or operating in Kenya; Section 3(1)(c) any aircraft registered by the Authority; Section 3(1)(d) any foreign aircraft within the Kenya territory; Section 3(1)(e) aviation personnel and training schools certified by the Authority; Section 3(1)(f) enterprises operating in Kenya in the design, manufacture, maintenance, repair and modification of aircraft and aircraft parts or components; and Section 3(1)(g) air navigation facilities and services in Kenya. Section 3(2) The provisions of this Act shall not, except where expressly included or if the Cabinet Secretary so directs by order published in the Gazette , apply to state aircraft or to any class or classes of state aircraft. Section 3(3) Despite the provisions of subsection (2), in the interest of aviation safety, all aircraft shall be subject to the requirements of this Act in respect of rules of the air. Section 3(4)(a) transfer to the concerned civil aviation authority of another State all or part of the Authority's responsibilities for a Kenya aircraft operated by a foreign operator; or Section 3(4)(b) vest in the Authority all or part of the responsibilities of the civil aviation authority of another State for an aircraft registered by that State and operated by a Kenyan operator.
Section 3Verify source

Part II

ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY

§ 10ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 10. Protection of Safety and Security InformationProvision

The Authority may share aviation safety and security information with other Civil Aviation Authorities in Contracting States, subject to appropriate safeguards.

Section 10. Protection of Safety and Security Information Section Aviation safety and security information obtained, gathered voluntarily or otherwise given to the Authority under this Act or regulations made thereunder shall not be put to any inappropriate use: Provided that the Authority shall not be precluded from sharing aviation safety and security information with other Civil Aviation Authorities in the Contracting States subject to appropriate safeguards. [ Act No. 42 of 2016 , s. 6.]
Section 10Verify source
§ 11ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 11. Failure to comply with summons or giving of misleading informationOffence

A person who, without lawful excuse, refuses or fails to comply with a summons or gives false or misleading information or evidence in proceedings of the Authority or when complying with a summons commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings.

Section 11. Failure to comply with summons or giving of misleading information Section A person who without lawful excuse refuses or fails to comply with a summon, gives false or misleading information or evidence either voluntarily in any proceedings of the Authority or in purported compliance with a summon under this section, commits an offence and shall be liable on conviction to a fine not exceeding two hundred thousand shillings.
Section 11Verify source
§ 12ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 12. Reference to TribunalProvision

If a matter before the Authority involves a point of law, the Authority may, after giving notice to the concerned parties, refer it to the Tribunal; where referred, the Authority and the parties are entitled to be heard by the Tribunal and may appear personally or be represented by an advocate of the High Court.

Section 12. Reference to Tribunal Section 12(1) When any matter to be determined by the Authority under this Act appears to it to involve a point of law, the Authority may, after giving notice to the concerned parties, refer the matter to the Tribunal for direction. Section 12(2) Where any matter has been referred to the Tribunal under subsection (1), the Authority and the parties to the proceedings shall be entitled to be heard by the Tribunal before any decision is made in respect of such matter and may appear personally or be represented by an advocate of the High Court.
Section 12Verify source
§ 13ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 13. Board of DirectorsProvision

Section sets Board composition and appointment rules: Chairperson appointed by the President; Cabinet Secretary must fill vacancies after notification; certain members serve three-year terms and may be reappointed once subject to favourable evaluation.

Section 13. Board of Directors Section 13(1)(a) Chairperson, who shall be appointed by the President; Section 13(1)(b) the Director-General, appointed under section 19 ; Section 13(1)(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to civil aviation or his representative; Section 13(1)(d) the Principal Secretary to the National Treasury or his representative; Section 13(1)(e) the Principal Secretary of the Ministry for the time being responsible for matters relating to internal security or his representative; Section 13(1)(f) two shall have demonstrable knowledge and experience in the field of civil aviation; Section 13(1)(f)(i) two shall have demonstrable knowledge and experience in the field of civil aviation; Section 13(1)(f)(ii) one shall have qualification and expertise in financial management or accounting and be a bona fide member of a professional body regulating the accountancy or the auditing profession, and in compliance with the requirements thereof; Section 13(1)(f)(iii) one shall have demonstrable knowledge and experience in aviation law or business; and Section 13(1)(f)(iv) one shall have demonstrable knowledge and experience in management. Section 13(1A)(a) is not in the Service of the national government or county government or of any statutory body or institution owned or controlled by the national government or county govemment and who is not connected or does not have any other relationship, whether pecuniary or otherwise, with the Authority; Section 13(1A)(b) has not been employed by the Authority in an executive capacity within the last five (5) years; Section 13(1A)(c) is not associated to an advisor or consultant to the Authority or a member of the Authority's senior management or a significant customer, operator or supplier of the Authority; Section 13(1A)(d) has no personal service contract with the Authority or a member of the Authority's senior management; Section 13(1A)(e) is not a member of the immediate family of any person described herein. Section 13(2)(a) is a citizen of Kenya; Section 13(2)(b) meets the requirements of Chapter Six of the Constitution; and Section 13(2)(c) has knowledge and experience in matters relating to administration or has such other qualifications and experience of proven ability in such other fields as the Cabinet Secretary may deem necessary. Section 13(3)(a) is a citizen of Kenya; Section 13(3)(b) meets the requirements of Chapter Six of the Constitution; and Section 13(3)(c) does not hold a position or have such interests that are likely to place him in a position of conflict of interest or impose undue influence on the Authority or its employees in discharging its functions under this Act or regulations made thereunder. Section 13(4) The members appointed under subsection (1)(a) and (f) shall serve for a period of three years on such terms and conditions as may be specified in their instruments of appointment and shall be eligible for re-appointment for a further one term of three years subject to a favourable evaluation. Section 13(5)(a) dies; Section 13(5)(b) resigns; or Section 13(5)(c) assumes a political office or is found to have contravened the provisions of Chapter Six of the Constitution. Section 13(6) The Chairperson shall notify the Cabinet Secretary as soon as a vacancy occurs in the membership of the Board, and the Cabinet Secretary shall, appoint a member through an open and competitive process to fill such vacancy within three months of receiving the notice and the person so appointed shall hold office until the expiration of the term of office of the member in whose place he or she was appointed. [ Act No. 42 of 2016 , s. 7]
Section 13Verify source
§ 13AESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 13A. Conflict of interestOffence

Board chairperson or members must disclose personal interests, record the disclosure in meeting minutes, refrain from participating or voting on the matter, and excuse themselves where there is an apparent or perceived conflict; failure to disclose is an offence.

Section 13A. Conflict of interest Section 13A(1) The Chairperson or a member of the Board, who has a direct or indirect personal interest in a matter being considered or to be considered by the Board, shall as soon as reasonably practicable after the relevant facts concerning the matter have come to their knowledge, disclose the nature of such interest. Section 13A(2) A disclosure of interest made under subsection (l) shall be recorded in the minutes of the meeting and the Chairperson or a member shall not take part in the consideration or discussion on or vote during any deliberations on the matter. Section 13A(3) A person who fails to make the requisite disclosure under this section commits an offence. Section 13A(4) A member of the Board shall excuse himself or herself from proceedings before the Board in which he or she has apparent or perceived conflict of interest. [ Act No. 42 of 2016 , s. 8]
Section 13AVerify source
§ 14ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 14. Termination of appointment of Directors.Offence

A member appointed under section 13(1)(a) or (g) may resign in writing to the Cabinet Secretary.

Section 14. Termination of appointment of Directors. Section 14(1)(a) has been absent from three consecutive meetings of the Board without permission; Section 14(1)(b) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; Section 14(1)(c) is convicted of an offence involving dishonesty or fraud; Section 14(1)(d) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; Section 14(1)(e) is incapacitated by prolonged physical or mental illness; or Section 14(1)(f) fails to comply with the provisions of this Act relating to disclosure of interest. Section 14(2) A member appointed under section 13 (1) (a) or (g) may resign his office in writing under his hand to the Cabinet Secretary.
Section 14Verify source
§ 15ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 15. Functions of the BoardProvision

The Board must control and manage the Authority's affairs, ensure efficient, transparent and ethical performance without undue preference or disadvantage, and must consider and advise the Cabinet Secretary on civil aviation policy and the Authority's objectives.

Section 15. Functions of the Board Section 15(1) The Board shall be responsible for the general control of the performance and management of the undertakings and affairs of the Authority, and shall include a general duty to ensure that the functions of the Authority are carried out in an efficient, transparent and ethical manner and that no particular person or body is given undue preference or subjected to any undue disadvantage. Section 15(2) The Board shall consider and advise the Cabinet Secretary on the development and maintenance of civil aviation policy framework and the objectives of the Authority. Section 15(3)(a) in relation to the establishment of air services; Section 15(3)(a)(i) in relation to the establishment of air services; Section 15(3)(a)(ii) on legislative proposals relating to civil aviation including legislation to give effect to the Chicago Convention, and other international conventions and instruments relating to civil aviation; Section 15(3)(a)(iii) on measures for the promotion or support of any airline designated by the Government for the purpose of any international air services agreement; Section 15(3)(a)(iv) in relation to fares and freight rates and related matters including any resolution of the International Air Transport, Association or any body which succeeds that Association; Section 15(3)(a)(v) in relation to the establishment, maintenance and development of air navigation facilities and services; Section 15(3)(a)(vi) on such other matters affecting civil aviation as it considers desirable in the interest of civil aviation in Kenya; Section 15(3)(b) determine and set priorities for the general performance targets by the Authority; Section 15(3)(c) consider and determine the strategic and business plans and budgets of the Authority; Section 15(3)(d) ensure that measures for the development of civil aviation are initiated and implemented.
Section 15Verify source
§ 16ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 16. Powers of the BoardProvision

The Board has power to control and oversee administration of the Authority's assets in a manner that best promotes the Authority's purposes.

Section 16. Powers of the Board Section control and oversee the administration of the assets of the Authority in such manner and for such purposes as best promote the purposes for which the Authority is established; and
Section 16Verify source
§ 17ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 17. Meetings of the BoardProvision

The Board must meet at least four times in each financial year (with no more than four months between meetings); the quorum for a Board meeting is six members excluding the Director-General.

Section 17. Meetings of the Board Section 17(1) The Board shall meet at least four times in every financial year and not more than four months shall lapse between the date of one meeting and the date of the next meeting. Section 17(2) The quorum at a meeting of the Board shall be six members excluding the Director-General. Section 17(3) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule.
Section 17Verify source
§ 18ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 18. The common seal of the AuthorityProvision

The Board may direct where the Authority's common seal is kept; the seal must not be used except on the Board's order.

Section 18. The common seal of the Authority Section 18(1) The Common Seal of the Authority shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 18(2) The Common Seal of the Authority when affixed to a document and duly authenticated, shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.
Section 18Verify source
§ 19ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 19. Appointment of Director-GeneralOffence

The Cabinet Secretary appoints the Director-General from a shortlist recommended by the Board after a competitive recruitment process.

Section 19. Appointment of Director-General Section 19(1) There shall be a Director-General of the Authority who shall be appointed by the Cabinet Secretary, from a list of at most three qualified persons recommended by the Board following a competitive recruitment process. Section 19(2) Subject to this section, the terms and conditions of service of the Director-General shall be determined by the Board. Section 19(3) The Director-General shall be the Chief Executive Officer of the Authority and shall neither engage in any other paid employment nor hold a position or have such interests that are likely to place him or her in a position of conflict of interest or impose undue influence on the Authority or its employees in discharging its functions under this Act or regulations made thereunder. Section 19(4)(a) is a citizen of Kenya; Section 19(4)(b) meets the requirements of Chapter Six of the Constitution; and Section 19(4)(c) possesses management and technical experience in the field of civil aviation of not less than ten years;. Section 19(5) The Director-General shall hold office for a term of four years from the date of appointment but shall, upon the recommendation of the Board, be eligible for re-appointment for one further term of four years. Section 19(6)(a) has been absent from three consecutive meetings of the Board without the permission from the Chairperson; Section 19(6)(b) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; Section 19(6)(c) is convicted of an offence involving dishonesty or fraud; Section 19(6)(d) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; Section 19(6)(e) is incapacitated by prolonged physical or mental illness; Section 19(6)(f) is found to have contravened the provisions of Chapter Six of the Constitution; or Section 19(6)(g) fails to comply with the provisions of this Act relating to disclosure of interest. Section 19(7) The Director-General may, at any time, resign his or her office by notice in writing to the Cabinet Secretary. [ Act No. 42 of 2016 , s. 9]
Section 19Verify source
§ 20ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 20. Responsibilities and powers of the Director-GeneralOffence

The Director-General is responsible to the Board for day-to-day management of the Authority and exercises the Authority's powers, including inspecting, detaining or recalling aircraft for safety or security reasons and prohibiting aircraft from flying until unsafe conditions are rectified.

Section 20. Responsibilities and powers of the Director-General Section 20(1) The Director-General shall be responsible to the Board for the day to day management of the Authority and shall be responsible for the exercise of all powers and the discharge of all functions of the Authority and shall have control over all personnel and activities of the Authority. Section 20(2)(a) inspect, board, or detain an aircraft if serious safety and security concerns are identified or recall an aircraft in flight and search such aircraft during routine inspections or where he or she has reasonable grounds to suspect that the aircraft is being used in contravention of this Act or any regulations made thereunder or that it contains any matter which may be used as evidence in respect of an offence under this Act or the regulations; Section 20(2)(b) ensure that the provisions of this Act and any rules and regulations made thereunder are complied with to the extent necessary in the interest of aviation; Section 20(2)(c) encourage and foster the safe development of civil aviation in Kenya; Section 20(2)(d) plan, develop and formulate safe, secure and efficient utilization of the Kenya airspace; Section 20(2)(e) acquire, establish and improve air navigation facilities where necessary within the limits of available appropriation; Section 20(2)(f) establish a school or schools for the purpose of offering instruction and training in matters related to the aviation industry; Section 20(2)(g) promulgate rules and procedures governing the notification and reporting of accidents and incidents involving aircraft so as to facilitate investigations; Section 20(2)(h) use, with their consent the available services, equipment and facilities of other agencies and to co-operate with those agencies in the establishment, and use of services, equipment and facilities of the Authority; Section 20(2)(i) monitor the deployment and utilization of the movable and immovable property of the Authority; Section 20(2)(j) prepare the annual report and financial statement of the Authority; Section 20(2)(k) implement, co-ordinate and supervise the defined activities related to the management of aviation safety and aviation security as the accountable executives of the State Safety Programme and the National Civil Aviation Security Programme; and Section 20(2)(l) assess and audit the performance standards of the State Safety Programme functions of other State aviation agencies identified by the Cabinet Secretary, to ensure that the State Safety Programme is performing effectively as required. Section 20(3)(a) shall exercise the powers and duties of the Authority specified under section 7 of this Act; Section 20(3)(b) the provisions of this Act and Regulations made thereunder; Section 20(3)(b)(i) the provisions of this Act and Regulations made thereunder; Section 20(3)(b)(ii) the State system and functions of the Authority; Section 20(3)(b)(iii) technical guidance of qualified technical personnel, tools and provision of safety-critical information; Section 20(3)(b)(iv) licensing, certification, authorization or approval obligations; Section 20(3)(b)(v) surveillance obligations; Section 20(3)(b)(vi) the resolution of safety concerns; Section 20(3)(c) shall search any aircraft for compliance with documents stipulated under the Chicago Convention; Section 20(3)(d) shall prohibit an aircraft from flying until an unsafe condition is rectified; Section 20(3)(e) shall prohibit a person from exercising the privileges of any aviation document; Section 20(3)(f) shall suspend, revoke or vary the privileges of any aviation document or any other authorisation issued by the Authority; Section 20(3)(g) shall impose operating restrictions and sanctions on the operators or holders of aviation documents in the event of non-compliances with approval, licensing and certification requirements or unresolved safety and security deficiencies or concerns; Section 20(3)(h) shall determine the technical and financial capability of a prospective operator to conduct the proposed operations; Section 20(3)(i) shall, where he or she believes on reasonable grounds that an unsafe condition exists in any aircraft or aeronautical product and may, by notice in writing, issue an airworthiness directive in respect of aircraft or aeronautical products, as the case may be, of that design; and Section 20(3)(j) may prohibit a foreign registered aircraft from flying if a major defect or damage is found whilst within Kenya.
Section 20Verify source
§ 21ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 21. Suspension or revocation of privileges of a licenceProvision

The Director-General may order detention, prohibition, suspension, revocation or variation of licence or authorisation privileges for an offending entity when there are reasonable grounds to believe a violation has occurred.

Section 21. Suspension or revocation of privileges of a licence Section Where the Director-General has reasonable grounds to believe that a violation of this Act, the regulations and any other rules made thereunder has occurred, he or she may in respect of the offending entity specified under section 39 , make an order to detain, prohibit, suspend, revoke or vary the privileges of a licence, certificate or any other authorisation issued by the Authority.
Section 21Verify source
§ 22ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 22. Delegation by the Director-GeneralProvision

The Director-General may delegate most of his statutory powers in writing, subject to directions; delegations are revocable at will; delegates may exercise delegated powers as if conferred directly; persons acting under delegation are presumed to act within its terms absent contrary proof.

Section 22. Delegation by the Director-General Section 22(1) The Director-General may, from time to time, in writing, either generally or particularly, delegate to any person all or any of the powers, exercisable by him under any written law, but not including this present power of delegation. Section 22(2) Subject to any general or special direction given or condition attached by the Director-General, a person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation. Section 22(3) Every person purporting to act pursuant to any delegation under this section, shall be presumed to be acting within the terms of the delegation in the absence of proof to the contrary. Section 22(4) Any delegation under this section may be made to a specified person or to persons of a specified class or may be made to the holder or holders for the time being of a specified public office or class of public officers. Section 22(5) Every delegation under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the Director-General. Section 22(6) Any such delegation shall, until revoked, continue in force according to its tenure, despite the fact that the Director-General by whom it was made may have ceased to hold office and shall continue to have effect as if made by the person for the time being holding office as Director-General.
Section 22Verify source
§ 23ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 23. Appointment of Corporation SecretaryProvision

The Board must appoint a Corporation Secretary on terms it determines; the Corporation Secretary must perform duties assigned by the Board and is responsible to the Director-General when performing duties under this Act.

Section 23. Appointment of Corporation Secretary Section 23(1) There shall be a Corporation Secretary who shall be appointed by the Board on such terms and conditions as the Board may determine and who shall perform such duties as the Board may, from time to time, assign. Section 23(2) In the performance of his duties under this Act, the Corporation Secretary shall be responsible to the Director-General.
Section 23Verify source
§ 24ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 24. Staff of the Authority.Provision

The Director-General may appoint staff necessary for the Authority, subject to procedures, terms and conditions determined by the Board; the Board may review staff salaries, wages and terms from time to time.

Section 24. Staff of the Authority. Section 24(1) The Director-General may appoint such staff of the Authority as are necessary for the proper discharge of the functions of the Authority under this Act upon such procedures, terms and conditions of service as the Board may determine. Section 24(2) The Board may review salaries, wages and other terms and conditions of service of the staff of the Authority from time to time.
Section 24Verify source
§ 25ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 25. Protection from personal liabilityProvision

Board members, and officers, employees or agents of the Authority (and persons acting on their direction) are not personally liable for actions done in good faith carrying out the Authority's functions; however the Authority remains liable to pay compensation or damages for injury caused by the exercise of powers or by failures of works.

Section 25. Protection from personal liability Section 25(1) No action or thing done by a member of the Board or by any officer, employee or agent of the Authority shall, if the action or thing is done in good faith for executing the functions, powers or duties of the Authority under this Act, render the member, officer, employee or agent or any person acting on their direction personally liable to any action, claim or demand whatsoever. Section 25(2) The provisions of subsection (1) shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially, of any works.
Section 25Verify source
§ 26ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 26. Principles of operationProvision

The Authority must act on sound financial principles and must, as far as reasonably practicable, ensure its expenditure is charged to its revenue.

Section 26. Principles of operation Section The Authority shall perform its functions in accordance with sound financial principles and shall ensure, as far as reasonably practicable, that expenditure of the Authority is properly charged to its revenue.
Section 26Verify source
§ 27ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 27. Funds of the AuthorityProvision

Section 27 lists the Authority's sources of funds; allows the Authority to open and operate bank accounts in domestic and foreign currencies in banks approved by the Board; allows the Authority to invest funds not immediately required with the approval of the Cabinet Secretary; and provides that the Government may provide appropriations for deficits and capital funding.

Section 27. Funds of the Authority Section 27(1)(a) monies that may accrue to the Authority in the discharge of its functions; Section 27(1)(b) grants and loans from the Government; Section 27(1)(c) grants and loans from any body, organization or persons; Section 27(1)(d) interest on savings made by the Authority; Section 27(1)(e) such monies that may be provided by Parliament for the purposes of the Authority; and Section 27(1)(f) money collected under the Air Passenger Service Charge Act, No. 21 of 2013 and from any other source. Section 27(2) The Authority may open and operate its own bank accounts in both domestic and foreign currencies in banks approved by the Board. Section 27(3) The Authority may, with the approval of the Cabinet Secretary, invest any funds of the Authority not immediately required for use by the Authority in such securities as the Board deems fit. Section 27(4) The Government may provide appropriations to meet operating deficits and capital funding of the Authority. [Act No. 42 of 2016 , s. 11]
Section 27Verify source
§ 28ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 28. Commercial venturesProvision

Allows subscribing to or purchasing shares, debentures or other securities of a company.

Section 28. Commercial ventures Section subscribe to or purchase shares, debentures or other securities of a company;
Section 28Verify source
§ 29ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 29. Annual estimatesCommencement

The Board must cause estimates of the Authority's revenue and expenditure for each financial year to be prepared at least three months before the start of that year.

Section 29. Annual estimates Section 29(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 29(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Authority and the members of the Board; Section 29(2)(b) the payment of the pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority; Section 29(2)(c) the proper maintenance of buildings and the grounds of the Authority; Section 29(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Authority; Section 29(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters pertaining to the Authority as the Board may decide; Section 29(2)(f) the provisions of air navigation services; Section 29(2)(g) the provision of personnel training. Section 29(3) The annual estimates shall be submitted to the Cabinet Secretary for approval before the commencement of the financial year to which they relate provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Cabinet Secretary. Section 29(4) An expenditure shall not be incurred for purposes of the Authority except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorisation of the Cabinet Secretary.
Section 29Verify source
§ 30ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 30. Business planCommencement

The Authority must prepare a five-year business plan (to be reviewed yearly) and must prepare the plan and any revisions at least six months before the start of the Authority's financial year; the plan must include financial targets and performance indicators and the listed considerations.

Section 30. Business plan Section 30(1) The Authority shall prepare a five-year business plan which shall be reviewed yearly. Section 30(2) The business plan shall contain financial targets and performance indicators for the Authority. Section 30(3)(a) standards of aviation safety and security; Section 30(3)(b) the objectives and policies of the Government; Section 30(3)(c) funds of the Authority; Section 30(3)(d) assets and liabilities of the Authority; Section 30(3)(e) any other consideration the Authority deems appropriate. Section 30(4) The business plan and the revisions thereof shall be prepared by the Authority at least six months prior to the commencement of the Authority's financial year. [Act No. 42 of 2016 , s. 12.]
Section 30Verify source
§ 31ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 31. Borrowing powersProvision

The Authority may borrow funds by issuing loan stock and may borrow money or obtain credit (subject to public finance principles and Cabinet Secretary approval/concurrence); except as provided, the Authority must not mortgage or charge its property as security for borrowed money.

Section 31. Borrowing powers Section 31(1) The Authority may borrow funds by the issue of loan stock on such terms as may be approved by the Cabinet Secretary responsible for matters relating to finance upon recommendation of the Cabinet Secretary. Section 31(2) The Authority may in line with principles of public finance management as set out in the Constitution and the Public Finance Management Act ( Cap. 412A ), borrow money or obtain credit in Kenya or abroad for carrying out its functions with the concurrence of and subject to such limitations as may be set out by the Cabinet Secretary responsible for matters relating to finance. Section 31(3) Stock issued under subsection (1), and such moneys borrowed or credit obtained under subsection (2), for the purposes of this section, and all interest and other charges payable in respect of such stock or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertakings and revenue of the Authority by operation of this section and without further charge or instrument. Section 31(4) Any stock issued by the former Authority which, by virtue of an order made under subsection (3) becomes the liability of the Authority and shall, subject to the terms of such order, be deemed to be the stock issued by the Authority and shall be held in the same right and on the same powers, privileges, provisions and charges as those in, or subject to which such stock was issued. Section 31(5) Except as provided in this section, the Authority shall not give or execute any mortgage or charge over any of its property by way of security for borrowed money.
Section 31Verify source
§ 32ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 32. Financial yearProvision

The Authority's financial year is the twelve months from 1 July to 30 June each year.

Section 32. Financial year Section The financial year of the Authority shall be the twelve calendar months commencing on the 1st day of July in each year and ending on the 30th day of June the following year.
Section 32Verify source
§ 33ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 33. Records and accounts of the AuthorityProvision

The Board must keep proper books and records of the Authority's income, expenditure, assets and liabilities; the accounts must be audited by the Auditor-General or an approved auditor; the Auditor-General may direct auditors and submit special reports; auditors must report to the Auditor-General; the Board may not terminate an appointed auditor without the Auditor-General's prior written consent; the Cabinet Secretary must lay the audit report before the National Assembly as soon as reasonably practicable.

Section 33. Records and accounts of the Authority Section 33(1) The Board shall cause to be kept all proper books and records of the income, expenditure, assets and liabilities of the Authority. Section 33(2)(a) a statement of income and expenditure during that year; and Section 33(2)(b) a statement of the assets and liabilities of the Authority as at the last day of the financial year. Section 33(3) The accounts of the Authority shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 33(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 33(5) The Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with those directions. Section 33(6) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5) of this section. Section 33(7) Despite anything in this Act, the Auditor-General may submit to the Cabinet Secretary a special report on any matters incidental to his or her powers under this Act, and relevant sections of the Public Audit Act ( Cap. 412B ), shall apply, with necessary changes, to any report made under this section. Section 33(8) The Cabinet Secretary shall lay the audit report before the National Assembly as soon as reasonably practicable after the report is submitted to him. Section 33(9) The fee for any auditor, not being a public officer, shall be determined and paid by the Board.
Section 33Verify source
§ 34ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 34. Annual report by the AuthorityProvision

The Director-General must prepare an annual operations report within six months after each financial year and submit it to the Cabinet Secretary through the Board; the Board must present the report to the National Assembly with the Auditor-General's report and certified copies of accounts referred to in section 33 (2).

Section 34. Annual report by the Authority Section The Director-General shall, within six months after the end of each financial year prepare a report of the operations of the Authority during that year and shall submit such report to the Cabinet Secretary, through the Board, who shall cause it to be presented to the National Assembly together with the report of the Auditor-General and certified copies of the accounts referred to in section 33 (2). [Act No. 3 of 2024 , Sch.]
Section 34Verify source
§ 35ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 35. Charges and feesProvision

The Authority may deny or withdraw services, licences or certificates and seize aircraft or property for unpaid charges; the Authority must detain seized aircraft or property until payment is made; charges are subject to Cabinet Secretary approval; the schedule of charges is published in an Aeronautical Information Circular and comes into force at least thirty days after publication.

Section 35. Charges and fees Section 35(1)(a) for any services performed by the Authority; or Section 35(1)(b) for use of the facilities provided by the Authority; or Section 35(1)(c) for the grant of a license, permit or certificate, based on the transparent principle of cost recovery, principles of public finance management as set out in the Constitution and the Public Finance Management Act ( Cap. 412A ) and subject to the approval by the Cabinet Secretary. Section 35(2) The schedule of charges shall be published in an Aeronautical Information Circular. Section 35(3) The schedule of charges shall come into force on a date specified therein, which shall be at least thirty days following publication in the Aeronautical Information Circular. Section 35(4) If any amount due and payable under this section is not paid by any party after demand by the Authority and remains unpaid beyond the time specified for payment thereof, the Authority may deny, withdraw service, licence or certificate, seize the aircraft or other property of the debtors after giving reasonable notice of the intention to seize the aircraft or property of the owner or operator of the aircraft and the Authority shall detain the aircraft or property until payment is made.
Section 35Verify source
§ 35AESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 35A. Establishment of FundProvision

Establishes the Kenya Civil Aviation Authority Fund (the Fund).

Section 35A. Establishment of Fund Section There is established a Fund to be known as the Kenya Civil Aviation Authority Fund (hereinafter referred to as "the Fund"). [ Act No. 42 of 2016 , s. 13]
Section 35AVerify source
§ 35BESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 35B. Sources of FundProvision

A prescribed portion of the proceeds from the charge collected under the Air Passenger Service Charge Act (Cap. 475) is identified as a source of fund.

Section 35B. Sources of Fund Section a prescribed portion of the proceeds from the charge collected under the Air Passenger Service Charge Act ( Cap. 475 );
Section 35BVerify source
§ 35CESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 35C. Payments out of FundProvision

Payments shall be made out of the Fund for any expenditure the Authority incurs while exercising its powers or performing its functions under this Act.

Section 35C. Payments out of Fund Section There shall be paid out of the Fund any expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act. [ Act No. 42 of 2016 , s. 13]
Section 35CVerify source
§ 36ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 36. Contracting outProvision

The Authority may contract out any of its services, provided that such contracting out does not remove the Authority's regulatory functions or compromise safety and security standards.

Section 36. Contracting out Section The Authority may contract out any of its services provided that such contracting out shall not abrogate from the Authority's regulatory functions and compromise safety and security standards.
Section 36Verify source
§ 37ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 37. Consultation with users or departmentsProvision

The Authority must consult, where appropriate, with government departments, other authorities, bodies or persons and users of its facilities and services, and must establish any consultative mechanism it deems necessary to obtain users' views.

Section 37. Consultation with users or departments Section 37(1) In the performance of its functions and exercise of its powers, the Authority shall, where appropriate, consult with Government departments, other authorities, bodies or persons and users of the Authority's facilities and services. Section 37(2) The Authority shall establish any consultative mechanism it deems necessary to obtain the views of the users of the Authority's facilities and services.
Section 37Verify source
§ 38ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 38. Authorisation to provide air navigation servicesProvision

The Authority may authorise an aerodrome to provide air navigation services, subject to conditions set by the Authority.

Section 38. Authorisation to provide air navigation services Section The Authority may authorise an aerodrome to provide air navigation services for the use of such aerodrome subject to such conditions as may be set by the Authority.
Section 38Verify source
§ 39ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 39. Inspection of Aircraft, Aerodromes, premises and documents.Provision

The Director-General is granted unhindered access to aerodromes, holders' premises, aircraft, aviation facilities and related records for performance of the section's functions.

Section 39. Inspection of Aircraft, Aerodromes, premises and documents. Section 39(1)(a) any aerodrome used for civil aviation operations; or Section 39(1)(b) any premises or facilities of a holder of aviation document issued by the Authority; or Section 39(1)(c) any Kenyan registered aircraft wherever it may be, for reasons of aviation safety and security, economic regulation, facilitation, aviation consumer protection or for any other reasons for which the Authority is established; or Section 39(1)(d) any aircraft and crew of any other state whilst in Kenya. Section 39(2) ln the performance of the functions under this section, the Director-General shall have unhindered access to aerodromes, premises of a holder of aviation document, any aircraft wherever it may be, any aviation facilities and installations, and to any records or related documents, information and explanation that may be required. [ Act No. 42 of 2016 , s. 14]
Section 39Verify source
§ 39AESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 39A. Investigation and EnforcementOffence

The Director-General may investigate complaints and occurrences (except accidents and serious incidents), must require persons in default to take corrective action when violations are found, may impose penalties or refer matters to the Tribunal if corrective action is not taken, may issue infringement notices and take steps such as grounding aircraft or closing premises to ensure compliance, and holders aggrieved by an infringement notice have a right to appeal to the Director-General within twenty eight days.

Section 39A. Investigation and Enforcement Section 39A(1) The Director-General shall have power to carry out investigations into complaints, occurrences, save for accidents and serious incidents, after due notice to the person concerned. Section 39A(2)(a) filed with the Director-General by any person in writing; or Section 39A(2)(b) initiated by the Director-General on any matter, with respect to an action committed or omitted by any person in contravention of any provision of this Act or its regulations for investigation and appropriate action. Section 39A(3) The Director-General shall have the same power to proceed with an investigation of a complaint instituted on the Director-General's own initiative as though it had been made by another person. Section 39A(4) The Director-General shall, after investigations on a complaint filed by the person or initiated by him or her, and has established that there has been violation of the provisions of this Act or its Regulations, require a person in default to take corrective action to comply with, and prevent further violation of the provisions of this Act and its Regulations. Section 39A(5) If the Director-General finds, after having required the person in default to take corrective action under subsection (4) of this section, such person has failed to take corrective action to comply with the provisions of this Act, the Director-General shall, consistent with the provisions of this Act and its Regulations, impose appropriate penalty or refer such violations to the Tribunal. Section 39A(6) The trial of any offence under this Act shall be by the Tribunal. Section 39A(7)(a) believes, on reasonable grounds, that it is necessary in the interests of civil aviation safety and security; Section 39A(7)(b) has reasonable grounds to believe that the holder has failed to comply with any conditions of an aviation document or with the requirements of this Act and Regulations made thereunder; Section 39A(7)(c) considers that the privileges or duties for which the aviation document or any other authorisation has been granted are being carried out by the holder in a careless or incompetent manner; Section 39A(7)(d) establishes that the aviation document was eroneously issued based on a mistake, misrepresentation, dishonesty or fraud; or Section 39A(7)(e) considers it necessary to investigate for any other cause in the course of exercising his or her functions under this Act. Section 39A(8) If the Director-General is satisfied after such investigation that a person is violating any provisions of this Act, Regulations, Rules or Orders, as the case may be, he or she shall by order require that person to take such action consistent with the provision of this Act, Regulations, Rules or Orders as may be necessary in his or her opinion to prevent further violation of the provisions of this Act, Regulations, Rules or Orders. Section 39A(9) The Director-General shall have power to take all steps reasonably necessary, including issuance of infringement notice as provided for under the Second Schedule, ground any aircraft and to close the premises of any air transport service provider or provider of allied aviation service, in order to ensure compliance with the provisions of this Act, Regulations, Rules and Orders made thereunder. Section 39A(10) Where the Director-General issues an infringement notice under subsection (9), the notice shall state the particulars of the violation, the period within which to comply and the attendant penalty for the stated violation. Section 39A(11) A holder of an aviation document or any person aggrieved by any of the matters raised by the infringement notice issued by the Director-General shall have a right to appeal for review to the Director-General within twenty eight days from the time of issuance of the infringement notice. Section 39A(12)(a) confirm, set aside or vary the order or decision in question; Section 39A(12)(b) exercise any of the powers which could have been exercised by the Authority in the proceedings in connection with which the appeal is brought; or Section 39A(12)(c) make such other order as he may deem just and expedient. Section 39A(13) Any person aggrieved by the order of the Director-General under subsection (12) of this section may appeal to the Tribunal in accordance with the relevant provisions of this Act. [Act No. 42 of 2016 , s. 15.]
Section 39AVerify source
§ 39BESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 39B. Aviation personnel certificatesProvision

The Authority issues aviation personnel certificates to qualified applicants; qualified persons may apply; the Authority may recognize foreign-issued certificates, set fitness tests and categories, issue validations, and holders must comply with related rules.

Section 39B. Aviation personnel certificates Section 39B(1) Any person having the requisite qualifications may file with the Authority an application for an aviation personnel certificate. Section 39B(2) Where the Authority finds, after investigation, that the applicant possesses the proper qualifications for, and is physically able to perform, the duties pertaining to the aviation personnel certificate sought, it shall issue such certificate. Section 39B(3) The Authority may consider prior issuance of an aviation personnel certificate by a foreign country that is a member of the International Civil Aviation Organization as satisfactory evidence, in whole or in part, that the applicant possesses the qualifications and physical ability to perform the duties pertaining to the aviation personnel certificate sought. Section 39B(4) The certificate may contain such terms and tests of physical fitness as the Authority may determine to be necessary to assure safety in civil aviation. Section 39B(5) The Authority may adopt rules to determine the categories and eligibility requirements of certificates to be issued to aviation personnel including personnel in charge of training and inspection of crew members or personnel engaged in the maintenance of aircraft, aircraft engines, propellers and appliances. Section 39B(6) The Authority may issue certificate of validation with respect to an aviation personnel certificate issued by another state. Section 39B(7) A holder of an aviation document or any person affected by this Act shall observe and comply with any rules, orders, directives, circulars, notices, regulation, licence or certificate issued under this Act. [Act No. 42 of 2016 , s. 15]
Section 39BVerify source
§ 39CESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 39C. Aircraft in distressProvision

The Authority must provide assistance to aircraft in distress in Kenya, must collaborate on such assistance as recommended under the Convention, may enter into mutual arrangements with other States for this purpose, and shall permit owners/operators or the State of registration's authorities to provide assistance subject to Kenyan control.

Section 39C. Aircraft in distress Section 39C(1) The Authority shall provide such measures of assistance to aircraft in distress within Kenya as it may consider practicable. Section 39C(2) In the provision of the assistance referred in subsection (1), the Authority shall collaborate in coordinated measures which may be recommended from time to time in pursuant to the provisions of the Convention. Section 39C(3) The Authority may enter into mutual arrangements with other States in respect to the provision of the assistance and for coordination purposes mentioned in subsections (1) and (2) of this section. Section 39C(4) Subject to the control of the Kenyan authorities, the Authority shall permit the owners and operators of the aircraft or authorities of the State in which the Aircraft is registered to provide such measures of assistance as may be necessitated by the circumstances. [Act No. 42 of 2016 , s. 15.]
Section 39CVerify source
§ 39DESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 39D. Search and RescueProvision

The Authority must render assistance for aircraft missing or in distress within Kenya; the Authority may permit foreign-registered aircraft owners or foreign authorities to assist under the Authority's control; the Authority may consider requests to render assistance in adjacent territories.

Section 39D. Search and Rescue Section 39D(1)(a) establish search and rescue units which shall render such assistance as may be required by any aircraft missing or in distress within the territory of Kenya; Section 39D(1)(b) co-ordinate government offices and other organizations to pool resources and manpower for the conduct of aircraft search and rescue services. Section 39D(2) ln the event the aircraft missing or in distress is registered in another State, the Authority may permit the owner of the aircraft or the authorities of such other State to provide such measures of assistance as may be required under the circumstances, provided that the furnishing of any such assistance shall, at all time, be under the control of the Authority. Section 39D(3) The Authority may consider requests by another State or international organization to render search and rescue assistance to aircraft missing or in distress in adjacent territories. [Act No. 42 of 2016 , s. 15.]
Section 39DVerify source
§ 4ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 4. Establishment of AuthorityProvision

Establishes the Kenya Civil Aviation Authority and vests it with corporate powers and functions.

Section 4. Establishment of Authority Section 4(1) There is established an authority to be known as the Kenya Civil Aviation Authority. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding and disposing of movable and immovable property; Section 4(2)(c) borrowing money with the approval of the Cabinet Secretary and the Cabinet Secretary for the time being responsible for matters relating to finance; Section 4(2)(d) entering into contracts; and Section 4(2)(e) doing or performing all such other things or acts necessary for the proper discharge of its functions under this Act, which may be lawfully done or performed by a body corporate. Section 4(3) The Authority shall be the state agency for the management of aviation safety and security in Kenya. [Act No. 42 of 2016 , s. 4.]
Section 4Verify source
§ 40ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 40. Acquisition of land for purposes of the AuthorityProvision

Sets how the Authority acquires land: negotiate with owners for non-public land; notify the Cabinet Secretary if land is public or cannot be agreed; Cabinet Secretary may place public land at the Authority's disposal; President/Cabinet Secretary may be empowered to acquire land for the Authority; Authority must pay compensation when applicable; Authority may, with the Board, convey, transfer or surrender surplus land, which must go to Government or another public institution.

Section 40. Acquisition of land for purposes of the Authority Section 40(1)(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof; or Section 40(1)(b) if such land is public land or if the Authority is unable to acquire it by agreement in accordance with paragraph (a), it shall notify the Cabinet Secretary responsible for matters relating to lands that the land specified in the notice is required for the purposes of the Authority. Section 40(2)(a) if the land is public land, the Cabinet Secretary responsible for matters relating to lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the authority to be utilized for the purposes of the Authority, or Section 40(2)(b) if the land is not public land, any provision in any written law which empowers the President or the Cabinet Secretary responsible for matters relating to lands to acquire or direct the acquisition of such land for any specific purpose shall be, deemed to include a power enabling the President or the Cabinet Secretary responsible for matters relating to land to acquire or direct the acquisition of such land for the purposes of the Authority. Section 40(3) Where any compensation is payable to any person in respect of any land specified in the notice given under subsection (1)(b) acquired by the President or the Cabinet Secretary responsible for lands, and such land after being so acquired is placed at the disposal of the Authority in accordance with subsection (2)(a), the amount of compensation payable to that person, in accordance with the provisions of the law under which the land was acquired, shall be paid by the Authority in line with the relevant law dealing with compulsory acquisition of private land. Section 40(4) The Authority may at any time, in consultation with the Board, convey, transfer or surrender any land surplus to both its existing and future requirements by a conveyance or a deed of surrender: Provided that such land shall be surrendered to the Government and shall be conveyed or transferred to another public institution and not a private person in line with the provisions of Article 62 of the Constitution. Section 40(5) The provisions of subsection (4) shall apply to land vested in the Authority by any written law, including this Act, as well as land conveyed to it or otherwise placed at its disposal.
Section 40Verify source
§ 41ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 41. Limitation of actionsCommencement

A plaintiff must not start legal proceedings against the Authority until at least one month after serving written notice with claim particulars and intention to sue on the Director-General.

Section 41. Limitation of actions Section the action or legal proceedings shall not be commenced against the Authority until at least one month after written notice containing the particulars of the claim, and of the intention to commence the action or legal proceedings, has been served upon the Director-General by the plaintiff or his agent;
Section 41Verify source
§ 42ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 42. Transfer of Government assets and liabilitiesCommencement

The Cabinet Secretary may transfer government property or assets to the Authority by order and include incidental provisions; the Authority will have assets and liabilities vest in it in connection with its services.

Section 42. Transfer of Government assets and liabilities Section 42(1) Upon the commencement of this Act, all existing assets used in the provision of services for which the Authority has been established shall be transferred to vest in the Authority. Section 42(2) Subject to subsection (3), the Cabinet Secretary may, by order published in the Gazette , transfer to the Authority any property or asset belonging to the Government which appears to him to be necessary or useful to the Authority for the performance of its functions under this Act, which property or asset shall vest in the Authority by virtue of the order and without further assignment. Section 42(3) An order under subsection (2) may contain such incidental, consequential or supplemental provisions as the Cabinet Secretary thinks necessary or expedient. Section 42(4) All liabilities incurred in the provisions of services for which the Authority has been established, shall vest in the Authority without further assignment.
Section 42Verify source
§ 43ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 43. Restriction in the execution against property of the AuthorityProvision

The Director-General must pay from the Authority's revenue any amount ordered against the Authority to the person entitled.

Section 43. Restriction in the execution against property of the Authority Section where any judgment or order has been obtained against the Authority, no execution or attachment or process in the nature thereof, shall be issued against the immovable property of the Authority or any of its vehicles, vessels, aircraft or its other operational equipment, machinery, fixtures or fittings, but the Director-General shall cause to be paid out of the revenue of the Authority such amount as may, by the judgment or order or decree, be awarded against the Authority to the person entitled thereto;
Section 43Verify source
§ 44ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 44. Service of notice on the Director-GeneralProvision

Service of a notice or document on the Director-General is effected by delivering it to the Director-General or to any authorised employee.

Section 44. Service of notice on the Director-General Section by delivering the notice or document to the Director-General or to any authorised employee,
Section 44Verify source
§ 45ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 45. Recovery of debtsProvision

All debts owed to the Authority under this Act are recoverable summarily.

Section 45. Recovery of debts Section All debts owed to the Authority under this Act shall be recoverable summarily.
Section 45Verify source
§ 5ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 5. Headquarters.Provision

The Headquarters of the Authority shall be in Nairobi.

Section 5. Headquarters. Section The Headquarters of the Authority shall be in Nairobi.
Section 5Verify source
§ 6ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 6. Objectives of the Authority.Provision

The Authority must economically and efficiently plan, develop and manage civil aviation, and regulate and operate a safe civil aviation system in Kenya in accordance with this Act.

Section 6. Objectives of the Authority. Section The object and purpose for which the Authority as established shall be, to economically and efficiently plan, develop and manage civil aviation, regulate and operate a safe civil aviation system in Kenya in accordance with the provisions of this Act.
Section 6Verify source
§ 7ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 7. Functions of the AuthorityAmendment

Section 7 lists the functions of the Authority, including licensing and certification of aviation services and personnel, providing air navigation services and search and rescue coordination, regulating safety, security and economic aspects of civil aviation, and giving effect to international agreements.

Section 7. Functions of the Authority Section 7(1)(a) the licensing of air services; Section 7(1)(b) the provision of air navigation services; Section 7(1)(c) the establishment and maintenance of a system for the registration and the marking of civil aircraft; Section 7(1)(d) securing sound development of the civil aviation industry in Kenya; Section 7(1)(e) advising the Government on matters concerning civil aviation; Section 7(1)(f) the co-ordination and direction of search and rescue services; Section 7(1)(g) the facilitation and provision of all the necessary support for the aircraft accident and incident investigations conducted by the chief investigator; Section 7(1)(h) carrying out investigations on incidents that are not classified as accidents and serious incidents; Section 7(1)(i) the safety, security, economic and technical regulation of civil aviation; Section 7(1)(j) dealing with incidents of unlawful interference with aviation security; Section 7(1)(k) deleted by Act No. 42 of 2016 , s. 5; Section 7(1)(l) the certification of aircraft operators; Section 7(1)(m) enforcement of approved technical standards of aircraft; Section 7(1)(n) the licensing and monitoring of aeronautical personnel; Section 7(1)(o) the provision of technical services for the design, installation, and modification of electronic, radio and other equipment used in the provision of air navigation services; Section 7(1)(p) ensuring the integrity of the systems, equipment and facilities of the Authority; Section 7(1)(q) the issuance and dissemination of the publications referred to in this Act; Section 7(1)(r) the production of accurate, timely comprehensive and relevant air transport information for planning and decision making purposes; Section 7(1)(s) the approval, certification and licensing of aircraft maintenance organisations and regulation of aviation training institutions in Kenya; Section 7(1)(t) the establishment, management and operation of training institutions for the purposes of the Authority; Section 7(1)(u) the registration of rights and interests in aircraft; Section 7(1)(v) the planning, development and formulation of the airspace master plan for the safe and efficient utilization of Kenyan airspace; Section 7(1)(w) the establishment, co-ordination and maintenance of state aviation safety and security programmes; Section 7(1)(x) licensing, certification, registration and surveillance of aerodromes; Section 7(1)(y) certification and surveillance of air navigation service providers; Section 7(1)(z) licensing and certification of regulated agents; Section 7(1)(aa) implementing and enforcing the provisions of this Act, regulations and directives issued hereunder and treaties to which Kenya is a party; Section 7(1)(bb) taking measures to minimize, to the extent possible, any disturbance to the public and any adverse effect on the environment from noise, vibration, atmospheric pollution or any other cause attributable to the use of aircraft for the purpose of civil aviation; Section 7(1)(cc) performing economic oversight of air services, protecting consumer rights, environment and ensuring fair trading practices; Section 7(1)(dd) giving effect to the Chicago Convention and other international agreements relating to civil aviation to which Kenya is party to; and Section 7(1)(ee) the performance of such other functions as may, from time to time, be conferred on it by the Cabinet Secretary or by any other written law. Section 7(2) The Authority shall provide air navigation services in Kenya airspace, and for any areas outside of Kenya for which Kenya has, in pursuance of international arrangements, undertaken to provide air navigation services, alerting service and to co-ordinate search and rescue, therein. Section 7(3) The Authority shall carry out its functions in a manner consistent with the Chicago Convention, any Annex to the Convention relating to international standards and recommended practices and any amendment thereto or other international conventions and protocols relating to civil aviation that Kenya is party to. Section 7(4) The Authority shall be responsible for the performance of any obligations required by any agreement, treaty or arrangement between Kenya and any other country, inter-Governmental organisation or other body with respect to the safety, regularity and efficiency of air navigation and aviation safety and security in general. Section 7(5) In the discharge of its responsibility for aviation safety and security, the Authority shall co-ordinate its activities with other agencies of the Government, including the Kenya Airports Authority, the Department of Defence and the National Police Service. [Act No. 18 of 2014 ](akn/ke/act/2014/18), Sch. Act No. 42 of 2016 , s. 5.]
Section 7Verify source
§ 8ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 8. Powers of the AuthorityProvision

The Authority is granted the powers necessary to perform its functions, including levying fees, receiving funds, investing monies, entering into contracts and acquiring or disposing of property.

Section 8. Powers of the Authority Section 8(1) The Authority shall have all the powers necessary for the proper performance of its functions under this Act. Section 8(2)(a) determine, set out and levy rates, charges, dues or fees for any services performed by the Authority, or for use by any person of the facilities provided by the Authority or for the grant, renewal or validation of a licence permit or certificate, subject to the approval of the Cabinet Secretary; Section 8(2)(b) receive any gifts, grants, donations or endowments made to it or any other monies in respect of it and to make legitimate disbursement therefrom in accordance with the provisions of this Act; Section 8(2)(c) invest any monies not immediately required for its purposes in the manner provided in this Act or any other written law; Section 8(2)(d) enter into contracts, arrangements, agency, associations or partnerships with any person, Government agency or authority, whether, within or outside Kenya, subject to any limitations that may be set out by the Cabinet Secretary; Section 8(2)(e) acquire, hire, hold, lease out, or dispose of all types of assets or property including land:
Section 8Verify source
§ 9ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION AUTHORITY - 9. Power to obtain information, documents and evidence.Offence

The Authority can summon persons to provide signed written information, produce documents, or appear to give evidence; the Authority may require written evidence; persons cannot avoid compliance by claiming self-incrimination, though such material must not be misused; the Director-General may seek a warrant to search premises if documents are withheld.

Section 9. Power to obtain information, documents and evidence. Section 9(1)(a) to furnish the information in writing signed by the person served and in the case of a body corporate, signed by a competent officer of the body corporate; Section 9(1)(b) to produce the document to the Authority; and Section 9(1)(c) to appear before the Authority to give evidence. Section 9(2) A summon under this section shall specify the required time and manner of compliance. Section 9(3) The Authority may require that any evidence referred to under this section be given in writing. Section 9(4) A person shall not be excused from complying with summons under this section on the grounds that compliance may incriminate the person or make the person liable to a penalty: Provided that such information, documents or evidence shall not be put to inappropriate use. Section 9(5) Where the Authority has reason to believe that a person is in possession or control of any information or document which may assist in the performance of its functions and that the person has refused or failed to supply such information or document, the Director-General may apply to the Tribunal for issuance of a warrant authorising a police officer to enter into any premises believed to contain or into which a document is kept or hidden and conduct search and make copies or take extracts of documents therein.
Section 9Verify source

Part III

SAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD

§ 46SAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 46. Imperiling, permitting or interfering with the safety and security of aircraft and persons on board.Offence

It is an offence for a person to imperil, cause or permit danger to an aircraft or persons on board, or to interfere with air navigation facilities; conviction may attract a fine not exceeding two million shillings.

Section 46. Imperiling, permitting or interfering with the safety and security of aircraft and persons on board. Section 46(1)(a) imperil the safety and security of an aircraft or any person on board, whether by interference with any member of the crew of the aircraft or by tampering with the aircraft or its equipment, or by disorderly conduct or by any other means; Section 46(1)(b) cause or permit an aircraft to endanger any person or property; Section 46(1)(c) interfere or tamper with an air navigation facility. Section 46(2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable upon conviction to a fine not exceeding two million shillings. [ Act No. 42 of 2016 , s. 18]
Section 46Verify source
§ 46ASAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 46A. Documents to be carried on BoardProvision

Lists documents to be carried on board an aircraft and authorises the Authority to require inspection of documents for aircraft registered in another State.

Section 46A. Documents to be carried on Board Section 46A(1)(a) a certificate of registration; Section 46A(1)(b) the certificate of airworthiness; Section 46A(1)(c) the aviation personnel certificate of each flight crew member; Section 46A(1)(d) the journey logbook; Section 46A(1)(e) the aircraft radio license; Section 46A(1)(f) the passengers list or the cargo manifest, if carried; Section 46A(1)(g) the flight manual; and Section 46A(1)(h) in case of commercial flight, the air operator certificate. Section 46A(2) Documents carried aboard an aircraft registered in another State shall be in conformity with the requirements of that State, but the Authority shall have the power to require the production of such documents for examination. [ Act No. 42 of 2016 , s. 19]
Section 46AVerify source
§ 46BSAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 46B. Prohibited, restricted or danger areasProvision

Pilots-in-command in Kenyan airspace must follow established air routes and avoid areas designated as prohibited, restricted or danger areas; if an aircraft deviates or enters such an area it is treated as an unauthorized operation and the pilot-in-command must take immediate corrective measures and comply with instructions of competent authorities, including landing if instructed.

Section 46B. Prohibited, restricted or danger areas Section 46B(1) Any pilot-in-command of an aircraft flying over or maneuvering within the Kenyan airspace shall adhere to the air routes as established by the Authority and shall avoid those areas designated as prohibited, restricted or danger areas. Section 46B(2) Any aircraft deviating from an established air route or entering a prohibited, restricted or danger area shall be considered as unauthorized operation and pilot-in-command involved in such an unauthorized operation shall take immediate corrective measures to resume the authorized course and shall strictly comply with any special instructions of the competent authorities, including any instruction to land at a designated location. [ Act No. 42 of 2016 , s. 19]
Section 46BVerify source
§ 47SAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 47. Being under the influence of alcohol or drugs in aircraft or while on dutyOffence

Safety-sensitive persons and employees of the Authority must not be under the influence of alcohol or drugs while performing aviation safety/security operations or on duty; contravention is an offence punishable by a fine up to five hundred thousand shillings or suspension/withdrawal/cancellation of licence or other sanctions.

Section 47. Being under the influence of alcohol or drugs in aircraft or while on duty Section 47(1) A safety sensitive person shall not, when involved in aviation safety and security operations or operation of any aircraft whether in-flight or on the ground or being carried in any aircraft for the purpose of so acting be under the influence of alcohol or drugs. Section 47(2) An employee of the Authority shall not report on duty or be on duty when under the influence of alcohol or drugs. Section 47(3) Without prejudice to the provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act, 2007 ( No. 4 of 2007 ) and the Employment Act, 2011 ( No. 11 of 2011 ) a person who contravenes the provisions of subsections (1) and (2) commits an offence and shall be liable upon conviction to a fine not exceeding five hundred thousand shillings or a suspension of his or her privileges, withdrawal or cancellation of licence or any other sanction on the certificate or licence as the Director-General may deem fit.
Section 47Verify source
§ 48SAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 48. Requirement for drug and alcohol testing systemOffence

Operators must have an effective drug and alcohol testing system approved by the Authority.

Section 48. Requirement for drug and alcohol testing system Section 48(1) An operator shall have an effective drug and alcohol testing system approved by the Authority. Section 48(2) An operator who contravenes the provisions of subsection (1) commits an offence and shall be liable upon conviction to a penalty not exceeding two million shillings or may have suspension of his or her privileges withdrawal or cancellation of licence or any other sanction on the certificate or licence as the Director-General may deem fit.
Section 48Verify source
§ 49SAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 49. Exemption by the Director-GeneralProvision

The Director-General may grant exemptions or special authorisations for civil aviation matters on application, subject to terms and conditions and provided safety and security standards and the public interest are not compromised.

Section 49. Exemption by the Director-General Section 49(1) The Director-General may grant exemption or special authorisation on any civil aviation matter upon an application by a holder of aviation document or any authorisation, as the case may be, on such terms and conditions as may be necessary, with respect to the application of any regulations made under this Act: Provided that any such exemptions granted shall not compromise aviation safety and security standards and shall be in the interest of the public. Section 49(2) Without limiting the provisions of subsection (1), exemptions shall be issued in accordance with the procedure for applications and approvals prescribed in the regulations. [ Act No. 42 of 2016 , s. 20]
Section 49Verify source
§ 50SAFETY AND SECURITY OF AIRCRAFT AND PERSONS ON BOARD - 50.RepealedRepeal

Section 50 repealed.

Section 50.Repealed Section Repealed by Act No. 42 of 2016 , s. 21.
Section 50Verify source

Part IV

POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY

§ 51POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY - 51. Powers of the Cabinet SecretaryProvision

Section 51 lists powers of the Cabinet Secretary to give directions to the Board, approve tariffs and charges, approve capital works over prescribed limits, and to delegate powers to the Director-General; the Director-General may exercise delegated powers subject to Cabinet Secretary directions and conditions; delegations are revocable and do not prevent the Cabinet Secretary from exercising powers.

Section 51. Powers of the Cabinet Secretary Section 51(1)(a) give directions of a general nature to the Board regarding the operations of the Authority; Section 51(1)(b) approve alterations in the tariffs, rates, fees and any other charges levied for the services and facilities provided by the Authority; Section 51(1)(c) approve any individual capital work for the purposes of the Authority, whose estimated cost exceeds prescribed limit set by the Cabinet Secretary, from time to time; Section 51(1)(d) from time to time, in writing, either generally or particularly, delegate to the Director-General any of the powers, exercisable by him under any written law, but not including this present power of delegation. Section 51(2) The Director-General may exercise the delegated powers under subsection (1)(d) in the same manner and with the same effect as if they had been conferred on him or her directly by this section and not by delegation subject to any direction given or condition attached by the Cabinet Secretary; Section 51(3) Every delegation under this section shall be revocable and no such delegation shall prevent the exercise of any power by the Cabinet Secretary. Section 51(4) Any such delegation under this section shall, until revoked, continue in force according to its tenure, despite the fact that the Cabinet Secretary by whom it was made may have ceased to hold office.
Section 51Verify source
§ 52POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY - 52. International obligationsProvision

Section 52 references international obligations and civil aviation policies.

Section 52. International obligations Section civil aviation policies;
Section 52Verify source
§ 53POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY - 53. Appointment of investigators of accidentsProvision

The Cabinet Secretary must appoint investigators of accidents by Gazette notice and designate a chief investigator of air accidents and a Deputy; appointed investigators must have specific aviation qualifications or experience; the Cabinet Secretary has power to appoint advisors with special aviation skills in writing when required.

Section 53. Appointment of investigators of accidents Section 53(1) For the purposes of carrying out responsibilities under section 52 (b) and (c), the Cabinet Secretary shall appoint, by way of Gazette notice, investigators of accidents from whom he or she shall appoint a chief investigator of air accidents and his or her Deputy. Section 53(2) The investigation of an accident or incident under this Act shall be conducted to determine the facts, conditions, circumstances and safety factors, and where possible the probable cause of the accident, with the sole objective of prevention of future accidents and incidents and not to apportion blame or liability. Section 53(3) Investigators appointed under subsection (1) shall have a professional pilot's background, or an aeronautical engineering qualification, or air traffic control qualification or, as appropriate, experience in specialized areas of aviation such as operations, aerodynamics and aircraft design. Section 53(4) The Cabinet Secretary may appoint in writing any persons with special skills or knowledge in specialized areas of aviation in an advisory capacity in any case where it appears to the Cabinet Secretary that such special skills or knowledge are required for proper completion of the investigation. [ Act No. 18 of 2014 , Sch.]
Section 53Verify source
§ 54POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY - 54. Accident Investigation procedureOffence

Establishes an incident reporting system; requires investigators to submit a final report to the Cabinet Secretary for Gazettement; bars use of parts of the final report as evidence in court; sets summons and compliance duties and penalties; allows the chief investigator to seek warrants to obtain documents.

Section 54. Accident Investigation procedure Section 54(1)(a) free and unhindered access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage; Section 54(1)(b) powers to secure and preserve the scene of the accident; and Section 54(1)(c) free access to any relevant information or records held by the owner, the operator, the operator's maintenance contractors and sub-contractors, the hirer, the designer or the manufacturer of the aircraft and by the authorities for civil aviation or airport operation or Air Traffic Service. Section 54(2) The Cabinet Secretary shall establish an incident reporting system to facilitate collection of information on actual and potential safety deficiencies. Section 54(3) Upon completion of the accident investigation, the investigator-in-charge shall submit a final report of the findings to the Cabinet Secretary for publication in the Gazette . Section 54(3A) No part of the final report referred to under subsection (3) shall be admissible as evidence in a court of law or used in any suit or action for damages arising out of any matter mentioned in such reports. Section 54(4)(a) recommend to the appropriate authorities, including those in other Contracting States, any preventive action that he or she considers necessary to be taken promptly to enhance aviation safety; and Section 54(4)(b) communicate to the relevant person or authorities in Kenya, the recommendations referred above or those received from another Contracting State. Section 54(5) Any person or authority in Kenya to whom a recommendation has been communicated under subsection (4), shall take that recommendation into consideration and, where appropriate, act upon it or provide a full explanation as to why no measures shall be taken to implement the recommendation. Section 54(6) Information gathered in the course of an accident investigation and through the incident reporting system shall not be put to inappropriate use. Section 54(7)(a) to furnish the information in writing signed by the person served, and in the case of a body corporate, signed by a competent officer of the body corporate; Section 54(7)(b) to produce documents; and Section 54(7)(c) to give evidence. Section 54(8) A summon made under subsection (7) shall specify the required time and manner of compliance. Section 54(9) A person shall not be excused from complying with summons under this section on the grounds that compliance may incriminate the person or make the person liable to a penalty: Provided that such information, documents or evidence shall not be admissible against that person other than proceedings under this Act. Section 54(10) A person who, without lawful excuse, refuses or fails to comply with a summon under this section commits an offence and is liable on conviction to a fine of not less than fifty thousand shillings or to imprisonment for a term not less than six months or to both. Section 54(11) Where the chief investigator has reason to believe that a person is in possession or control of any information or document which may assist in the performance of an investigation and that person has refused or failed to supply such information or document, the chief investigator may apply to the Tribunal for issuance of a warrant authorising a police officer to enter into any premises believed to contain or into which a document is kept or hidden and conduct search and make copies or take extracts of documents therein. Section 54(12) Any person, who knowingly gives false or misleading information or evidence in purported compliance with a summons under this section, commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months. [ Act No. 18 of 2014 , Sch.]
Section 54Verify source
§ 55POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY - 55. Inspection and assessmentProvision

The Cabinet Secretary must assess and audit the Authority's performance standards to meet prescribed international standards; may appoint audit inspectors; those inspectors are entitled to unhindered access to records and may require explanations; the Cabinet Secretary may act on inspectors' advice to correct safety and security deficiencies.

Section 55. Inspection and assessment Section 55(1) The Cabinet Secretary shall assess and audit the performance standards of the functions of the Authority to ensure that they meet prescribed international standards at such time intervals as he or she may consider desirable. Section 55(2) The Cabinet Secretary may appoint audit inspectors to carry out the assessment and audit referred to in subsection (1). Section 55(3) The audit inspectors appointed under subsection (2) shall have unhindered access to all records, information, facilities and installations and to any explanation that may be required in the course of their duties. Section 55(4) The Cabinet Secretary may, on the advice of any audit inspector, take appropriate action to ensure that noted safety and security deficiencies are corrected and appropriate standards are maintained. [ Act No. 42 of 2016 , s. 23]
Section 55Verify source

Part V

PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC.

§ 56PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 56. Restriction of building in declared areasOffence

The Cabinet Secretary may, by order published in the Gazette, prohibit erection within a declared area of buildings or structures above a height specified in the order; "declared area" is any area adjacent to or near an aerodrome declared by notice in the Gazette; contravention is an offence punishable by a fine not exceeding two million shillings or imprisonment not exceeding three years, or both.

Section 56. Restriction of building in declared areas Section 56(1) Despite the provisions of any written law, or the terms of any deed, grant, lease or license concerning the use and occupation of land, the Cabinet Secretary may, where he considers it to be necessary in the interests of the safety of air navigation, by order published in the Gazette , prohibit the erection within a declared area of any building or structure above a height specified in the order. Section 56(2) For the purposes of this section, "declared area" means any area adjacent to or in the vicinity of an aerodrome which the Cabinet Secretary may by notice in the Gazette declare to be a declared area. Section 56(3) Any person who contravenes the provisions of an order made under subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years, or to both.
Section 56Verify source
§ 57PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 57. Control of structures etc., on or near aerodromes.Offence

The Director-General may, by order and subject to conditions, require or authorise owners, occupiers or agents to enter land and carry out work to provide warnings or reduce obstructions; the Director-General must publish notice before making an order, consider representations (including a consultation period of not less than two months), and persons aggrieved may appeal to the Tribunal.

Section 57. Control of structures etc., on or near aerodromes. Section 57(1)(a) whether by lighting or otherwise for giving aircraft warning of the presence of any building, structure, tree or natural growth or formation on or in the vicinity of an aerodrome; or Section 57(1)(b) by the removal or reduction in height of any such obstruction or surface, he or she may by order, and subject to any conditions specified in the order, require or authorise either the owner or occupier of the land on which the obstruction is situated or any person acting on behalf of the Director-General to enter upon the land and carry out such work as is necessary to enable the warning to be given or the obstruction to be reduced in height. Section 57(2) The Director-General shall before making an order under subsection (1), cause to be published, in such manner as he or she thinks best for informing persons concerned, notice of the proposal to make the order, and of the place where copies of the draft order may be obtained free of charge. Section 57(3) The Director-General shall take into consideration any representations with respect to the proposed order under subsection (1) which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him or her by any person appearing to him or her to have an interest in any land which would be affected by the order, and at the end of that period the order may, subject to the provisions of this section, be made with such modifications, if any, of the original draft as the Director- General thinks proper. Section 57(4)(a) no work shall be executed on any land under the order until a period of at least fourteen days has elapsed from the date of publication thereof; and Section 57(4)(b) such compensation shall be paid to any person who had legally acquired the particular land or having an interest in land affected by the order for any loss or damage which that person may suffer in consequence of the order as may be agreed between that person and the Director-General, or; in default of agreement, as may be determined by an arbitrator having regard to the public interest. Section 57(5)(a) willfully interferes with any works or things which to the knowledge of that person are executed or placed in, on or over land under an order under subsection (1); or Section 57(5)(b) willfully obstructs a person in the exercise of any powers conferred by such an order or; Section 57(5)(c) willfully disobeys or fails to comply with any order made under subsection (1), Section 57(6) Any person aggrieved by any action, order or condition set out by the Authority under the provisions of subsection (1), may lodge an appeal to the Tribunal, and the Tribunal shall have exclusive original jurisdiction for disputes arising under this Part.
Section 57Verify source
§ 58PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 58. TrespassOffence

Any person who trespasses on any land forming part of a Government aerodrome or an aerodrome licensed under regulations made under this Act commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding one year or to both.

Section 58. Trespass Section 58(1) Any person who trespasses on any land forming part of a Government aerodrome or an aerodrome licensed under regulations made under this Act commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding one year or to both: Provided that a person shall not be liable to conviction under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were posted so as to be readily seen and read by members of the public. Section 58(2)(a) in the case of a first offence, to a fine not exceeding fifty thousand shillings, and Section 58(2)(b) in the case of a second or subsequent offence, to a fine not exceeding one hundred thousand shillings. Section 58(3) The application of subsection (1) and (2) is without prejudice to the provisions of the Trespass Act provided that it shall be a good defence for an offender under this provision to prove to the satisfaction of the court that he has previously been charged for the same offence under subsection (1).
Section 58Verify source
§ 59PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 59. Nuisance and liability for damageSubstitution

If someone other than the owner is legally liable to pay damages recoverable under this section, the owner is entitled to be indemnified by that other person against any claim for such loss or damage.

Section 59. Nuisance and liability for damage Section 59(1) An action shall not lie in respect of trespass or in respect of nuisance, by reason only of the flight, or the ordinary incidents of the flight, of an aircraft over any property at a height above the ground, which, having regard to wind, weather and all the circumstances of the case is reasonable, so long as the provisions of any written law or convention are complied with. Section 59(2)(a) damages are recoverable in respect of such loss or damage by virtue only of the foregoing provisions of this subsection; and Section 59(2)(b) a legal liability is created in some person other than the owner to pay damages in respect of such loss or damage, the owner shall be entitled to be indemnified by that other person against any claim in respect of such loss or damage. Section 59(3) Despite section 2 , where an aircraft has been bona fide demised, let or hired out for any period exceeding fourteen days to any person by the owner thereof, and during such period no pilot, commander, navigator or operative member of the crew of the aircraft is in the employment of the owner, this section shall have effect as if for reference therein to the owner there were substituted a reference to the person to whom the aircraft has been so demised, let or hired out.
Section 59Verify source
§ 60PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 60. Nuisance caused by aircraft and aerodromesOffence

Regulations made under section 82 may set rules about when aircraft noise and vibration is allowed and may make the subsection protecting aerodromes from nuisance claims apply to aerodromes covered by those regulations; subsection (2) prevents an action for nuisance by reason only of such noise and vibration if the regulations are complied with.

Section 60. Nuisance caused by aircraft and aerodromes Section 60(1) Regulations made under section 82 may provide for regulation of the conditions under which noise and vibration may be caused by aircraft and may provide that subsection (2) of this section shall apply to any aerodrome concerning which provision as to noise and vibration is so made. Section 60(2) An action shall not lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which this subsection applies by virtue of regulations made under section 82 so long as the provisions of any such regulations are complied with.
Section 60Verify source
§ 60APROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 60A. Flying from unmanned aerodromeOffence

When an aircraft is flown between unmanned aerodromes or points within Kenya, the pilot‑in‑command and the aerodrome operator must provide information specified by the Authority.

Section 60A. Flying from unmanned aerodrome Section 60A(1) Where an aircraft is flown from any unmanned aerodrome or point within Kenya to another unmanned aerodrome or point within Kenya, the pilot- in-command of such aircraft and the operator of such aerodrome shall be required to provide such information as the Authority may specify from time to time. Section 60A(2) The information under subsection (1) shall include details of the flight and the nature of the operations. [Act No. 42 of 2016 , s. 24]
Section 60AVerify source
§ 61PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61. Dangerous flyingOffence

Pilots, persons in charge and owners commit an offence if they fly an aircraft in a way that causes unnecessary danger to people or property; they may be fined up to two hundred thousand shillings or have licences suspended, withdrawn or cancelled, unless they prove lack of knowledge or consent.

Section 61. Dangerous flying Section 61(1) Where an aircraft is flown in such a manner as to cause unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft and the owner thereof, unless he or she proves that the aircraft was so flown without his or her knowledge or consent commits an offence and shall be liable upon conviction to a fine not exceeding two hundred thousand shillings or a suspension of his or her privileges, withdrawal or cancellation of licence or any other sanction on the certificate or licence as the Director-General may deem fit. Section 61(2) The provisions of this section shall be in addition to and not in derogation of the powers conferred upon the Cabinet Secretary under this Act or regulations made thereunder.
Section 61Verify source
§ 61APROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61A. Prohibition from flying without prior approvalOffence

When an aircraft is flown between unmanned aerodromes within Kenya, the Pilot-In-Command and the aerodrome operator must provide the information that the Cabinet secretary prescribes.

Section 61A. Prohibition from flying without prior approval Section 61A(1) Where an aircraft is flown from any unmanned aerodrome or point within Kenya to another unmanned aerodrome or point within Kenya, the Pilot-In-Command of such aircraft and the operator of such aerodrome shall be required to provide such information as the Cabinet secretary may prescribe from time to time. Section 61A(2) The information under subsection (1) shall include details of the flight and the nature of the operations. [Act No. 19 of 2014 , s. 98]
Section 61AVerify source
§ 61BPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61B. Use of weapons against civil aircraftOffence

Persons must not use weapons against civil aircraft in flight; aircraft must comply with orders under this section; contravening is an offence punishable by a fine not exceeding five million shillings or up to three years' imprisonment, or both.

Section 61B. Use of weapons against civil aircraft Section 61B(1) A person shall not use weapon against civil aircraft in flight and in case of interception of civil aircraft in flight, lives of persons on board and safety of aircraft shall not be endangered. Section 61B(2)(a) land at any airport within Kenya; or Section 61B(2)(b) comply with any instruction given for the purpose of bringing to an end such violation, Section 61B(3) Every aircraft irrespective of the State of registry shall comply with an order given in pursuant to this section and to the provisions of any regulations made thereunder to effect the provisions of this Section. Section 61B(4) Any person who contravenes the provisions of this section commits an offence and shall be liable upon conviction to a fine not exceeding five million shillings or to a term not exceeding three (3) years, or to both. [Act No. 42 of 2016 , s. 25.]
Section 61BVerify source
§ 61CPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61C. Aircraft piracyOffence

A person must not commit or attempt to commit aircraft piracy in Kenya, whether the aircraft is in flight or not.

Section 61C. Aircraft piracy Section 61C(1) A person shall not commit or attempt to commit aircraft piracy, either while the aircraft is in flight or not in flight within the jurisdiction of Kenya. Section 61C(2) A person who contravenes this section commits an offence and shall be liable, upon conviction to a fine not exceeding five million shillings or to a tenn of imprisonment not exceeding three (3) years, or to both. [Act No. 42 of 2016 , s. 25.]
Section 61CVerify source
§ 61DPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61D. Interference wrth air navigationOffence

Interfering or attempting to interfere with air navigation within the territory of Kenya.

Section 61D. Interference wrth air navigation Section interferes or attempts to interfere with air navigation within the territory of Kenya;
Section 61DVerify source
§ 61EPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61E. Dangerous GoodsOffence

Covers delivering, transporting, attempting to deliver or transport, or causing delivery or transport of cargo, baggage, or other property to an air operator for commercial air transport.

Section 61E. Dangerous Goods Section delivers or transports, attempts to deliver or transport, or causes to be delivered or transported, cargo, baggage, or other property to an air operator for commercial air transport;
Section 61EVerify source
§ 61FPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61F. False or misleading aircraft markingsOffence

It is an offence for a person to display or cause to be displayed on any aircraft marks or impressions that are false or misleading about the aircrafts nationality or registration.

Section 61F. False or misleading aircraft markings Section A person who displays or causes to be displayed on any aircraft any marks or impressions that are false or misleading as to the nationality or registration of the aircraft commits an offence and shall be liable upon conviction, to a fine not exceeding one million shilling or to a term of imprisonment not exceeding six months, or to both. [Act No. 42 of 2016 , s. 25.]
Section 61FVerify source
§ 61GPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61G. Operations of remotely operated aircraftOffence

People must not let pilotless-capable aircraft fly over Kenya unless they have special authorization from the Authority and comply with its terms.

Section 61G. Operations of remotely operated aircraft Section 61G(1) A person shall not allow an aircraft capable of being flown without a pilot to be flown without a pilot over the territory of Kenya without special authorization by the Authority and in accordance with the terms of such authorization. Section 61G(2)(a) in controlled airspace as specified by the Authority; or Section 61G(2)(b) if in airspaces open to civil aircraft, it is controlled so as to avoid endangering civil aircraft. Section 61G(3) The Civil Aviation (Rules of Air) Regulations shall be applicable to facilitate application and processing of the mandated requests for authorization under this section: Provided that in all cases, regard is had on the safety of other airspace user, safety of persons and property on the ground. Section 61G(4) A person who contravenes the provisions of this section commits an offence under this Act or regulations made thereunder. [Act No. 42 of 2016 , s. 25.]
Section 61GVerify source
§ 61HPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61H. Radio transmitting apparatusOffence

Flight crew must not carry radio transmitting apparatus when operating an aircraft registered in Kenya, unless they hold a valid license issued by the Authority to install and operate the apparatus in accordance with regulations under this Act.

Section 61H. Radio transmitting apparatus Section No flight crew shall, when operating an aircraft registered in Kenya, carry radio transmitting apparatus, unless such flight crew holds a valid license to install and operate such apparatus issued by the Authority in accordance with regulations made under this Act. [Act No. 42 of 2016 , s. 25.]
Section 61HVerify source
§ 61IPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61I. Issuance and compliance with the rules of the airOffence

The Authority must issue rules of the air for Kenya; persons must not fly or manoeuvre aircraft within Kenya except under those rules, and contravening the section is an offence punishable by a fine up to two million shillings or up to one year imprisonment, or both.

Section 61I. Issuance and compliance with the rules of the air Section 61I(1) The Authority shall issue rules of the air governing the maneuvre of an aircraft in flight applicable within the territory of Kenya, provided that such rules shall to the extent possible, be consistent with those established, from time to time, under the Convention. Section 61I(2) No person shall, within the territory of Kenya, fly or maneuvre an aircraft registered in Kenya wherever it may be, or an aircraft registered in another country, except in accordance with the rules and regulations relating to the flight and maneuver of aircraft issued under this section. Section 61I(3)(a) the Kenyan rules of the air when flying any aircraft over or in Kenyan air space; Section 61I(3)(b) rules of the air of a foreign state when flying an aircraft registered in Kenya over or in the airspace of that state; or Section 61I(3)(c) such rules of the air as established under the Convention when flying an aircraft registered in Kenya over the airspace of the high seas. Section 61I(4) A person who contravenes the provisions of this section commits an offence and shall, upon conviction, be liable to a fine not exceeding two million shillings or imprisonment for a term not exceeding one year, or to both. [Act No. 42 of 2016 , s. 25.]
Section 61IVerify source
§ 61JPROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 61J. Reporting and record keeping violationsOffence

submit a report to the Director- General as required

Section 61J. Reporting and record keeping violations Section submit a report to the Director- General as required; or
Section 61JVerify source
§ 62PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 62. Exemption from seizure of certain aircraft on patent claimsOffence

Aircraft lawfully entering or transiting Kenya (with or without landing) that fall under this section cannot be seized, detained, or have proceedings brought against their owners or operators in Kenya on the basis of patent, design or model infringement; spare parts and equipment used for repair are similarly protected except where those parts are sold, distributed, or exported for sale or distribution in Kenya.

Section 62. Exemption from seizure of certain aircraft on patent claims Section 62(1) Any lawful entry into Kenya or any lawful transit across Kenya, with or without landing, of an aircraft to which this section applies shall not entail seizure or detention of the aircraft or any proceedings being brought against the owner or operator thereof or any other interference therewith by or on behalf of any person in Kenya on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement of any patent, design or model. Section 62(2) The importation into and storage in Kenya of spare parts and spare equipment for aircraft to which this section applies and the use and installation thereof in the repair of such an aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Kenya on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model: Provided that this subsection shall not apply in relation to any spare parts or spare equipment, which are sold or distributed in Kenya or are, exported for sale or distribution. Section 62(3)(a) to an aircraft registered in any country or territory in respect of which there is in force a notice made by the Cabinet Secretary and published in the Gazette , with a view to the fulfilment of the provisions of Article 27 of the Chicago Convention, that the benefits of those provisions apply to that country or territory; and Section 62(3)(b) to such other aircraft as the Cabinet Secretary may prescribe.
Section 62Verify source
§ 63PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 63. Detention of aircraftOffence

Regulations made under this Act may provide for the detention of an aircraft to secure compliance with this Act or the regulations.

Section 63. Detention of aircraft Section Regulations made under this Act may provide for the detention of an aircraft to secure compliance with this Act or any regulations made thereunder and may make such further provisions as appear to the Cabinet Secretary to be necessary or expedient for securing such detention.
Section 63Verify source
§ 64PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 64. JurisdictionOffence

Offences under the Act or on a Kenya aircraft are treated as committed where the offender is, and if committed in or over Kenya the offence may be tried by any Kenyan court.

Section 64. Jurisdiction Section Any offence under this Act or regulations made under this Act and any offence committed on a Kenya aircraft shall, for the purpose of conferring jurisdiction, be deemed to have been committed in any place within Kenya where the offender may for the time being be: Provided that if such offence is committed in or over Kenya, the offence may be tried by any court having jurisdiction in Kenya.
Section 64Verify source
§ 65PROVISIONS RELATING TO PROHIBITIONS, OFFENCES, EXEMPTIONS, ETC. - 65. Liability of directors and officers of body corporateOffence

Directors and officers of a body corporate are exempt from liability for an offence if the act or omission constituting the offence took place without their knowledge, consent or connivance.

Section 65. Liability of directors and officers of body corporate Section the act or omission constituting the offence took place without his or her knowledge, consent or connivance; or
Section 65Verify source

Part VI

THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL

§ 66THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 66. Establishment of a TribunalProvision

Creates a National Civil Aviation Administrative Review Tribunal, sets its membership (chairperson, Deputy Registrar, four experienced members), requires the Cabinet Secretary to select nominees through a competitive process and forward them to the Judicial Service Commission, which appoints the chairperson and members; members elect a vice-chair who must be of opposite gender to the chair; the Tribunal is a subordinate court under the Judiciary.

Section 66. Establishment of a Tribunal Section 66(1)(a) the chairperson; Section 66(1)(b) a Deputy Registrar of the Judiciary; and Section 66(1)(c) four other persons with management and technical experience of not less than ten years in the field of civil aviation. Section 66(2) Subject to subsection (3), the chairperson of the Tribunal shall be appointed by the Judicial Service Commission. Section 66(3) The Cabinet Secretary shall through a competitive process, select three and eight suitable nominees for the positions of a chairperson and members respectively, and forward their names to the Judicial Service Commission for appointment. Section 66(4) The Judicial Service Commission shall subsequently appoint one of the three and four of the eight nominees as selected under sub-section (3) as chairperson and members of the Tribunal. Section 66(5) In nominating and appointing chairperson and members of a Tribunal under this section, the Cabinet Secretary and the Judicial Service Commission shall respectively take cognizance of the provisions of the Constitution relating regional and other diversities of the people of Kenya. Section 66(6) The members of the Tribunal shall elect a vice-chairperson amongst themselves and the chairperson and the vice-chairperson shall be persons of the opposite gender. Section 66(7) The Tribunal established under subsection (1) of this section shall be a subordinate court under the Judiciary as provided for in Article 169(1) (d) of the Constitution. [Act No. 42 of 2016 , s. 26.]
Section 66Verify source
§ 67THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 67. Tenure and vacation of officeProvision

Members serve three-year terms, may be re-appointed once for another three years, vacate office on listed events, and are to be paid allowances approved by the Cabinet Secretary.

Section 67. Tenure and vacation of office Section 67(1) A member of the Tribunal shall hold office for a term of three years but shall be eligible for re-appointment for one further term of three years. Section 67(2)(a) at the expiration of three years from the date of his or her appointment; Section 67(2)(b) if he or she accepts any office the holding of which, if he or her were not a member of the Tribunal, would give rise to the existence of a conflict of interest with his or her membership to the Tribunal; Section 67(2)(c) if he or she is removed from membership of the Tribunal by the Cabinet Secretary upon findings of an inquiry determining his or her failure to discharge the functions of his or her office (whether arising from infirmity of body or mind or from any other lawful cause) or for misbehavior; Section 67(2)(d) if he or she resigns the office of member of the Tribunal; or Section 67(2)(e) upon death. Section 67(3) Members of the Tribunal shall be paid allowances approved by the Cabinet Secretary, in consultation with the Cabinet Secretary for the time being responsible for matters relating to finance.
Section 67Verify source
§ 68THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 68. Secretary to TribunalProvision

Section 68 establishes a Secretary for the Tribunal who is appointed by the Cabinet Secretary through an open and competitive process and who is responsible for day-to-day affairs, answerable to the Tribunal, holds office on terms in the letter of appointment, and performs other functions determined by the Tribunal.

Section 68. Secretary to Tribunal Section 68(1) The Tribunal shall have a Secretary who shall be a public officer appointed by the Cabinet Secretary through an open and competitive process. Section 68(2) The Secretary shall hold office on the terms and conditions specified in the letter of appointment. Section 68(3) The Secretary shall be responsible for the day to day affairs of the Tribunal and shall be answerable to the Tribunal in performance of his or her functions. Section 68(4) The Secretary shall perform any other functions determined by the Tribunal.
Section 68Verify source
§ 69THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 69. Jurisdiction of TribunalProvision

The Tribunal has jurisdiction over any refusal to grant a licence, a certificate or any other authorisation by the Authority, and over transfers of a licence under this Act or regulations made thereunder.

Section 69. Jurisdiction of Tribunal Section any refusal to grant a licence, a certificate or any other authorisation by the Authority or transfer of a licence under this Act or regulations made thereunder;
Section 69Verify source
§ 70THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 70. Proceedings of TribunalProvision

The Tribunal must, on a written appeal within thirty days of the event, inquire and make awards, directions, orders or decisions and notify those decisions to the parties, the Authority or its committee.

Section 70. Proceedings of Tribunal Section 70(1) The Tribunal shall, upon an appeal made to it in writing, within thirty days after the occurrence of the event against which a party is dissatisfied, inquire into the matter and make an award, give directions, make orders or make decisions thereon, and every award, direction, order or decision made shall be notified by the Tribunal to the parties concerned, the Authority or any relevant committee thereof; as the case may be. Section 70(2) The Tribunal shall sit at such times and in such places as it may appoint by Gazette Notice. Section 70(3) The proceedings of the Tribunal shall be open to the public save where the Tribunal, for good cause, otherwise directs. Section 70(4) Except as expressly provided in this Act or any regulations made thereunder, the Tribunal shall regulate its proceedings as it deems fit. Section 70(5) A person who is party to the proceedings before the Tribunal may appear in person or be represented by an advocate of the High Court.
Section 70Verify source
§ 71THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 71. Powers of TribunalProvision

The Tribunal has powers to summon witnesses, take evidence on oath or affirmation, order production of documents, summon expert evidence, and (where desirable) receive evidence by affidavit, administer interrogatories and require responses.

Section 71. Powers of Tribunal Section 71(1)(a) summon witnesses, take evidence on oath or affirmation and order the production of documents; or Section 71(1)(b) summon expert evidence as may be necessary. Section 71(2) Where the Tribunal considers it desirable for the purposes of minimising expenses, to avoid delay or for any special reason, it may receive evidence by affidavit and administer interrogatories and require the person to whom the interrogatories have been made to respond.
Section 71Verify source
§ 72THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 72. Awards of TribunalProvision

Section 72 authorises the Tribunal to award costs and the Tribunal must issue a certificate of costs on application; such certificates may be filed in the High Court and treated as decrees. The Chief Justice may make rules as to appeals and fees, and until rules are made the Civil Procedure Act applies.

Section 72. Awards of Tribunal Section 72(1)(a) award damages; Section 72(1)(b) confirm, set aside or vary the order or decision in question; or Section 72(1)(c) make an order for the maintenance of the status quo of any matter or activity which is the subject of a complaint or appeal before it until the complaint or appeal is determined. Section 72(2) The Tribunal shall have power to award the costs of any proceedings before it and direct that the costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific sum as costs. Section 72(3) Where the Tribunal awards costs in an appeal, it shall, on application by the person to whom the costs are awarded, issue to him or her a certificate stating the amount of the costs. Section 72(4) Every certificate issued under subsection (3) may be filed in the High Court by the person in whose favour the costs have been awarded and upon being so filed, shall be deemed to be a decree of the High Court and may be executed as such. Section 72(5) The Chief Justice may make rules governing the making of appeals and providing for the fees to be paid, the scale of costs of any such appeal, the procedure to be followed therein, and the manner of notifying the parties thereto, and until such rules are made, and subject thereto, the provisions of the Civil Procedure Act ( Cap. 21 ) shall apply. Section 72(6) Upon any appeal to the Tribunal under this section, the status quo of any matter or activity, which is the subject of the appeal, shall be maintained until the appeal is determined. Section 72(7) All summons, notices or other documents issued under the hand of the Chairperson of the Tribunal shall be deemed to be issued by the Tribunal.
Section 72Verify source
§ 73THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 73. Appointment of assessorsProvision

The Chairperson of the Tribunal may, with consultation and concurrence of two other members, appoint in writing suitably skilled persons as assessors to advise the Tribunal when such expertise is required.

Section 73. Appointment of assessors Section The Chairperson of the Tribunal, in consultation and with the concurrence of two other members of the Tribunal, may appoint in writing any person with special skills or knowledge on aviation issues which are the subject matter of any proceedings or inquiry before the Tribunal to act as assessors in an advisory capacity in any case where it appears to the Tribunal that such special skills or knowledge are required for proper determination of the matter.
Section 73Verify source
§ 74THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 74. Contempt of TribunalProvision

Fails to attend the Tribunal after being summoned by the Tribunal to do so

Section 74. Contempt of Tribunal Section fails to attend the Tribunal after being summoned by the Tribunal to do so;
Section 74Verify source
§ 75THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 75. Quorum for TribunalProvision

The Chairperson and two other members of the Tribunal must form a quorum when hearing and determining any cause or matter under this Act.

Section 75. Quorum for Tribunal Section For the purposes of hearing and determining any cause or matter under this Act, the Chairperson and two other members of the Tribunal shall form a quorum.
Section 75Verify source
§ 76THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 76. Disclosure of interestProvision

A member of the Tribunal who has a direct interest in a matter must disclose that interest in writing and must not participate in deliberations on that matter.

Section 76. Disclosure of interest Section A member of the Tribunal who has a direct interest in any matter that is the subject of the proceedings before the Tribunal shall disclose in writing the nature of that interest and shall not participate in the deliberations of the Tribunal in respect of that matter.
Section 76Verify source
§ 77THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 77. Appeals to the High CourtCommencement

A person aggrieved may appeal to the High Court within thirty days; the High Court may confirm, set aside, vary, remit, exercise Tribunal powers, or make other orders including costs.

Section 77. Appeals to the High Court Section 77(1) Any person aggrieved by a decision or order of the Tribunal may, within thirty days of such decision or order, appeal against such decision or order to the High Court. Section 77(2) A decision or order of the Tribunal shall be enforced forthwith except where an appeal has been lodged or commenced provided that the lodging or commencing of an appeal shall not on its own, operate as a stay. Section 77(3)(a) confirm, set aside or vary the decision or order in question; Section 77(3)(b) remit the proceedings to the Tribunal with such instructions for further consideration, report, proceedings or evidence as the Court may deem fit to give; Section 77(3)(c) exercise any of the powers which could have been exercised by the Tribunal in the proceedings in connection with which the appeal is brought; or Section 77(3)(d) make such other order as it may deem just, including an order as to costs of the appeal or of earlier proceedings in the matter before the Tribunal.
Section 77Verify source
§ 78THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL - 78. Appeals to the Court of AppealProvision

A person aggrieved by a High Court decision or order may, within sixty days, appeal to the Court of Appeal on a matter of law.

Section 78. Appeals to the Court of Appeal Section A person aggrieved by the decision or order of the High Court may, within sixty days of that decision or order, appeal against that decision or order to the Court of Appeal on matter of law.
Section 78Verify source

Part VII

GENERAL PROVISIONS

§ 79GENERAL PROVISIONS - 79. Protection from personal liabilityProvision

Members of the Tribunal, including the Chairperson, and officers executing Tribunal process are exempt from being sued in court for acts done or ordered in the discharge of their duties, if they acted in good faith believing they had jurisdiction.

Section 79. Protection from personal liability Section The Chairperson or any other members of the Tribunal shall not be liable to be sued in a civil court for an act done or omitted to be done or ordered to be done by them in the discharge of their duty as members of the Tribunal, whether or not within the limits of their jurisdiction, provided they, at the time, in good faith, believed themselves to have jurisdiction to do or order the act complained of, and no officer of the Tribunal or other person bound to execute the lawful warrants, orders or other process of the Tribunal shall be liable to be sued in any court for the execution of a warrant, order or process which he would have been bound to execute if within the jurisdiction of the Tribunal.
Section 79Verify source
§ 80GENERAL PROVISIONS - 80. General penaltyOffence

If a person commits an offence under this Act for which no specific penalty is provided, they are liable on conviction to a fine not exceeding one hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both.

Section 80. General penalty Section A person who commits an offence under this Act for which no specific penalty is provided for shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months, or to both.
Section 80Verify source
§ 81GENERAL PROVISIONS - 81. Compounding of offencesOffence

Designated Authority employees named by the Director-General and police officers at or above inspector may compound offences; an offender can rely on a compounding as a defence if charged later.

Section 81. Compounding of offences Section 81(1) Any employee of the Authority authorised by name in that behalf by the Director-General, or any police officer not below the rank of the inspector, may compound any criminal offence under this Act or Regulations. Section 81(2) All fines or penalties levied for any offence under this Act or Regulations made under it, shall be paid to the funds of the Authority. Section 81(3) Where an offence is compounded in accordance with the provisions of subsection (1) and any proceedings are brought against the offender for the same offence, it shall be a good defence for such offender to prove to the satisfaction of the court that the offence with which he or she is charged has been compounded under subsection (1). [ Act No. 42 of 2016 , s. 27]
Section 81Verify source
§ 82GENERAL PROVISIONS - 82. RegulationsOffence

The Cabinet Secretary must make regulations to implement and give effect to this Act, regulating air navigation, air transport, air accident investigation and related matters.

Section 82. Regulations Section 82(1) The Cabinet Secretary shall make regulations to give effect to and for the better carrying out of the objects and purposes of this Act, to provide generally for regulating air navigation, air transport, air accident investigation and carrying out and giving effect to any convention. Section 82(2)(a) for commercial transport; and Section 82(2)(a)(i) for commercial transport; and Section 82(2)(a)(ii) for aerial work; Section 82(2)(b) providing for the registration and marking of aircraft; Section 82(2)(c) unless there is in force in respect of such aircraft a certificate of airworthiness or permit to fly issued or recognized in accordance with regulations made under this Act; and Section 82(2)(c)(i) unless there is in force in respect of such aircraft a certificate of airworthiness or permit to fly issued or recognized in accordance with regulations made under this Act; and Section 82(2)(c)(ii) except upon compliance with such conditions as to maintenance and repair as may be prescribed or specified in the certificate or permit; Section 82(2)(d) requiring the flight crew, and persons, performing prescribed functions in relation to the operation or maintenance of aircraft, air navigation services, design and construction of aircraft to be the holders of licences of specified kinds; Section 82(2)(e) providing for the manner and conditions of issue, validation, renewal, extension or variation of any licence required in regulations and for the form, custody, production, cancellation, suspension, endorsement and surrender of such; Section 82(2)(g) providing for the conditions under which and in particular the aerodromes to or from which, aircraft entering or leaving Kenya may fly and the conditions under which aircraft may fly from one part of Kenya to another; Section 82(2)(h) providing for the conditions under which passenger and cargo may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, and for prohibiting the carriage by air of goods of such classes as may be prescribed; Section 82(2)(i) minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation and air navigation services and prohibiting or regulating the use of such apparatus and the display of signs and lights liable to endanger aircraft; Section 82(2)(j) generally securing the safety, efficiency, and regularity of air navigation and safety of aircraft and of persons and cargo carried therein, and for preventing aircraft endangering other persons; Section 82(2)(k) requiring persons engaged in or in connection with meteorology to supply meteorological information for the purpose of air navigation; Section 82(2)(l) regulating the making of signals and other communications by or to aircraft and persons carried therein; Section 82(2)(m) subject to any other written law, prescribing a civil air ensign for Kenya and regulating the use of any other ensign established for purposes connected with air navigation; Section 82(2)(n) prohibiting aircraft from flying over such areas in Kenya as the Cabinet Secretary may by order published in the Gazette declare to be prohibited areas; Section 82(2)(o) prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any license, or the undergoing of any examination or test required by regulations made under this Act or any other matters in respect of which it appears to the Cabinet Secretary to be expedient to charge fees; Section 82(2)(p) prescribing charges or enabling some other authority to prescribe charges to be paid in respect of air navigation services, regulatory services and providing for the recovery of such charges; Section 82(2)(q) providing for consumer protection and any other related matter; Section 82(2)(r) exempting any aircraft or persons or classes of aircraft or persons from the provisions of any regulations made under this Act; Section 82(2)(s) providing for the investigation in such manner as may be prescribed, including by means of a tribunal established for the purpose, of any accident arising out of or in the course of air navigation and occurring either in or over Kenya or occurring elsewhere to Kenya aircraft; Section 82(2)(t) prohibiting access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purpose of an investigation, to have access to, remove, take measures for the preservation of, or otherwise deal with any such aircraft; Section 82(2)(u) requiring any person who owns an aircraft or who carries on the business of operating aircraft for hire or reward to furnish to such authorities as may be prescribed such information relating to the aircraft and the use thereof, the crew, the mail, the passengers and the cargo carried, as may be prescribed; Section 82(2)(v) providing for the licensing, inspection and regulation of aerodromes, access to places where aircraft, have landed or may land, access to aircraft factories or maintenance establishments or places where aircraft parts and engines are maintained, for the purpose of inspecting work therein carried on in relation to aircraft or parts thereof. Section 82(2)(w) regulating the firing of rockets; Section 82(2)(x) prohibiting or regulating in the vicinity of any aerodrome the emission or causing of smoke, soot, ash, grit, dust and any other substance whatever which obscures or may obscure visibility; Section 82(2)(y) controlling and regulating the selling of charters, booking of accommodation and selling of tickets for persons or cargo on flights in any part of the world; Section 82(2)(z) controlling and regulating aviation training institutions; Section 82(2)(aa) the classification and use of airspace and the control and use of air routes and provisions of search and rescue facilities; Section 82(2)(bb) the design, construction, repair, overhaul, maintenance, operation and use of aircraft, maintenance and repair of facilities and related equipment; Section 82(2)(cc) the control and operation of the aircraft within or directly above the aerodrome for the purpose of limiting or mitigating the effect of noise; Section 82(2)(dd) regulating aviation security operations and providing for security audits and inspections, tests of aircraft, aerodromes, regulated agents, catering operators and any pre-flight and post flight passenger processing and security operators; Section 82(2)(ee) providing for the regulation of the safe transport of dangerous goods by air; and Section 82(2)(ff) providing for the establishment of air accident and incident prevention programs. Section 82(3) Separate or different regulations may be made for different classes of aircraft, aerodromes, persons or property and for different parts of Kenya. Section 82(4) Any regulations made under this section may provide in respect of any contravention thereof or non-compliance therewith for the impositions of penalties not exceeding in the case of any particular offence a fine of two million shillings or imprisonment for a term not exceeding three years, or to both. [Act No. 42 of 2016 , s. 28.]
Section 82Verify source

Part VIII

REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

§ 83REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 83.SpentRepeal

Section 83 is spent.

Section 83.Spent
Section 83Verify source
§ 84REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 84. Saving provisionsRepeal

Certain former bodies (the Board and the Tribunal) continue to exist until new ones are constituted, and pending matters before the Tribunal must be continued or disposed of as if instituted before the repeal of section 66.

Section 84. Saving provisions Section 84(1)(a) the former Board constituted under the repealed section 13(1) of the Act shall continue to exist until the Board is constituted under the section 13 (1) of this Act; Section 84(1)(b) the former Tribunal constituted under the repealed section 66 of the Act shall continue to exist and continue to discharge its mandate until the Tribunal is constituted under the section 66 of this Act; and Section 84(1)(c) any matter pending before the constitution of the Tribunal under section 66 shall be continued or disposed of by the Tribunal as if instituted before the repeal of section 66 . Section 84(2)(a) former Board means the Board of Directors constituted under repealed section 13 (1); and Section 84(2)(b) former Tribunal means the Tribunal constituted under repealed section 66 .
Section 84Verify source

Legislative relationships

13 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

8 instruments

  • Act Section 3 lists the areas and actors to which the Act

    Section 3

  • Act shall continue to exist until the Board is constituted under the section 13 (1) of this Act

    Section 84

  • Air) Regulations

    Section 61G

  • Authority as are necessary for the proper discharge of the functions of the Authority under this Act

    Section 24

  • Authority specified under section 7 of this Act

    Section 20

  • Authority under this Act

    Section 25

  • Civil Procedure Act

    Section 72

  • Fund A prescribed portion of the proceeds from the charge collected under the Air Passenger Service Charge Act

    Section 35B

G–M

1 instrument

  • Government assets and liabilities Section 42(1) Upon the commencement of this Act

    Section 42

N–S

2 instruments

  • Narcotic Drugs and Psychotropic Substances (Control) Act, 2007

    Section 47

  • Public Audit Act

    Section 33

T–Z

2 instruments

  • Trespass Act

    Section 58

  • Tribunal must form a quorum when hearing and determining any cause or matter under this Act

    Section 75

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint
  • 26 Apr 2024 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.