The Civil Aviation Act

THE CIVIL AVIATION ACT
Arrangement Of Sections
An Act of Parliament to make provision for the control, regulation and orderly development of civil aviation in
Kenya and for matters incidental thereto or connected therewith.
PART I—PRELIMINARY
1. Short title.
2. Interpretation.
3. Application of the Act
PART II—ESTABLISHMENT, COMPOSITION AND FUNCTIONS OF THE KENYA CIVIL AVIATION
AUTHORITY
4—Establishment of Authority.
5—Headquarters.
6—Objectives of the Authority.
7—Functions of the Authority.
8—Powers of the Authority.
9—Power to obtain information, documents and evidence.
10—Protection of safety information.
11—Failure to comply with summons or giving of misleading information.
12—Reference to Tribunal.
13—Board of Directors.
14—Termination of appointment of Director.
15—Functions of the Board.
16—Powers of the Board.
17—Meetings of the Board.
18—The common seal of the Board.
19 —Appointment of the Director-General.
20—Responsibilities and powers of the Director-General.
21—Suspension or revocation of privileges of a licence.
22—Delegation by the Director-General.
23—Appointment of Secretary.
24—Staff of the Authority.
25—Protection from personal liability.
26—Principles of operation.
27—Funds of the Authority.
28—Commercial ventures.
29—Annual estimates.
30—Business plan.
31—Borrowing powers.
32—Financial year.
33—Records and accounts of the Authority.
34—Annual report by the Authority.
35—Charges and fees.
36—Contracting out.
37—Consultation with users or departments.
38—Authorization to provide air navigation services.
39—Inspection of aerodromes, premises and aircraft.
40—Acquisition of land for purposes of the Authority.
41—Limitations of actions.
42—Transfer of Government assets or liabilities.
43—Restriction in the execution against property of the Authority.
44—Service of notice on the Director-General.
45—Recovery of assets
PART III—SAFETY OF AIRCRAFT AND PERSONS ON BOARD
46—Imperiling, permitting or interfering with the safety of an aircraft and persons on board.
47—Being under the influence of alcohol or drugs in aircraft or while on duty.
48—Requirements for alcohol and drug testing system.
49—Exemption by the Authority.
50—Exemption by the Cabinet Secretary.
PART IV—POWERS AND RESPONSIBILITIES OF THE CABINET SECRETARY
51—Powers of the Cabinet Secretary.
52—International obligations.
53—Appointment of investigators of accidents.
54—Accident investigation procedures.
55—Inspection and assessment.
PART V-PROHIBITIONS, OFFENCES, EXEMPTIONS
56—Restriction of building in declared areas.
57—Control of structures, etc. on or near aerodromes.
58—Trespass.
59—Nuisance and liability for damage.
60—Nuisance caused by aircraft and aerodromes.
61—Dangerous flying.
62—Exemptions from seizure of certain aircraft on patent claims.
63—Detention of aircraft.
64—Jurisdiction.
65—Liability of Directors and officers of body corporate.
PART VI-THE NATIONAL CIVIL AVIATION ADMINISTRATIVE REVIEW TRIBUNAL
66—Establishment of Tribunal.
67—Tenure and vacation of office.
68—Secretary to the Tribunal.
69—Jurisdiction of the Tribunal.
70—Proceedings of the Tribunal.
71—Powers of the Tribunal.
72—Awards of the Tribunal.
73—Appointment of assessors.
74—Contempt of the Tribunal.
75—Quorum for the Tribunal.
76—Disclosure of interest.
77—Appeals to the High Court.
78—Appeals to the Court of Appeal
PART VII-GENERAL PROVISIONS
79—Protection from personal liability.
80—General penalty.
81—Compounding of offences.
82—Regulations
PART VIII-REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
83—Repeal of Cap. 394.
FIRST SCHEDULE—Provisions relating to the meetings Board of Directors.
SECOND SCHEDULE—Provisions relating to infringement notice
Objectives of the Authority
• To economically and efficiently plan, develop and manage civil aviation,
• To regulate and operate a safe civil aviation system in Kenya in accordance with the provisions of this Act.
Functions of the Authority

• the licensing of air services;
• the provision of air navigation services;
• registration and the marking of civil aircraft;
• securing sound development of the civil aviation industry in Kenya;
• advising the Government on matters concerning civil aviation;
• the co-ordination and direction of search and rescue services;
• the facilitation and provision of all the necessary support for the aircraft accident and incident
• investigations conducted by investigator-in-charge;
• carrying out investigations on incidents that are not classified as accidents and serious incidents;
• the safety, security, economic and technical regulation of civil aviation;
• dealing with incidents of unlawful interference with aviation security;
• the establishment, co-ordination and maintenance of State Safety Security Programmes;
• the certification of aircraft operators;
• enforcement of approved technical standards of aircraft;
• the licensing and monitoring of aeronautical personnel;
• 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;
Functions
• ensuring the integrity of the systems, equipment and facilities of the Authority;
• the issuance and dissemination of the publications referred to in this Act;
• the production of accurate, timely comprehensive and relevant air transport information for planning and
decision making purposes;
• the approval, certification and licensing of aircraft maintenance organizations and regulation of aviation training
institutions in the establishment, management and operation of training institutions for the purposes of the
Authority;
• the registration of rights and interests in aircraft;
• the planning, development and formulation of the airspace master plan for the safe and efficient utilization of
Kenyan airspace;
• the establishment, co-ordination and maintenance of state aviation safety and security programmes;
• licensing and certification of aerodromes, regulated agents and air navigation service providers;
• performing economic oversight of air services, protecting consumer rights, environment and ensuring fair trading
practices;
• giving effect to the Chicago Convention and other international agreements relating to civil aviation to which
Kenya is party to; and
• 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.
Co-ordination
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,
– the National Police Service
Board of Directors
Composition
• a Chairperson, who shall be appointed by the Cabinet Secretary through an open and competitive process;
• the Director-General, appointed under section 19;
• the Principal Secretary of the Ministry for the time being responsible for matters relating to civil aviation or his
representative;
• the Principal Secretary to the National Treasury or his representative;
• the Principal Secretary of the Ministry for the time being responsible for matters relating to internal security or
his representative;
• the Principal Secretary of the Ministry for the time being responsible for matters relating to tourism or his
representative;
• five other persons , not being public officers, to be recruited through an open and competitive
• process and to be appointed from a list of at most three qualified persons by the Cabinet Secretary of whom:
(i) two shall have knowledge and experience either in aviation, air transport matters, piloting, aeronautical
engineering or any other related field;
(ii) one shall have knowledge and experience in aviation law;
(iii) one shall have knowledge and experience in finance, economics, administration or any other related field;
and
(iv) one shall be a holder of such other qualifications and experience of proven ability in such other fields as the
Cabinet Secretary may deem necessary
Functions of the Board
a) control of the performance and management of the affairs of the Authority, and advise the Cabinet Secretary on
the development and maintenance of civil aviation policy framework and the objectives of the Authority.
i) in relation to the establishment of air services;
(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;
(iii) on measures for the promotion or support of any airline designated by the Government for the purpose
of any international air services agreement;
(iv) in relation to fares and freight rates and related matters including any resolution of the International l
Air Transport , Association or any body which succeeds that Association;
(v) in relation to the establishment, maintenance and development of air navigation facilities and services;
(vi) on such other matters affecting civil aviation as it considers desirable in the interest of civil aviation in
Kenya
(b) determine and set priorities for the general performance targets by the Authority;
(c) consider and determine the strategic and business plans and budgets of the Authority;
(d) ensure that measures for the development of civil aviation are initiated and implemented
International obligations
The Cabinet Secretary shall be responsible for—
(a) civil aviation policies;
(b) investigation of civil aircraft accidents and incidents for the purpose of prevention of further occurrence of similar
accidents and incidents;
(c)establishment of incident reporting systems to facilitate collection of information on actual and potential safety
deficiencies;
(d)establishment and review of air services agreement in an open and transparent manner;
(e) submission of variations to the Chicago Convention, any Annex to the Convention relating to international
standards and recommended practices and any amendment thereto, or other international l conventions and protocols,
relating to civil aviation that Kenya is party to.

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Functions of the Authority

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