Drone Regulations: Kenya

Yes. The civil aviation sector in Kenya is regulated primarily by the Civil Aviation Act No. 21 of 2013 as amended by the Civil Aviation (Amendment) Act, 2016 (the Amendment Act) (together the CAA) and the regulations promulgated thereunder.

The operation of UAS in Kenya was first legally recognised by the Amendment Act. Subsequently, the Kenya Civil Aviation Authority (KCAA) promulgated the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017 (the RPAS Regulations) to regulate the ownership and operation of remotely piloted aircraft. However, the National Assembly Committee on Delegated Legislation on the RPAS Regulations recommended that the RPAS Regulations be annulled in their entirety on, among other grounds, that there was insufficient public participation, the penalty for offences in the RPAS Regulations exceeded the penalty provided in the CAA (the parent legislation)[1] and that the Regulations did not address issues of national security and privacy of persons and property. The National Assembly agreed with the recommendation and annulled the RPAS Regulations on 26 June 2018.

Following the annulment of the RPAS Regulations, KCAA started the process of promulgating new regulations in compliance with the recommendations of the National Assembly Committee and has recently published the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019 (the Draft Regulations[2]). These are undergoing stakeholder review and are to be forwarded to the National Assembly for approval in due course.

Currently, it is illegal to operate a UAS in Kenya due to the lack of a clear regulatory framework. This is expected to be remedied on promulgation of the Draft Regulations.

[1] Section 24 (2) of The Statutory Instruments Act No. 23 of 2013, Laws of Kenya provides that a statutory instrument (regulation) shall not be inconsistent with the provisions of the enabling legislation, or of any Act, and the statutory instrument shall be void to the extent of the inconsistency.

[2] The Draft Regulations have no force of law in Kenya until they are approved by Parliament.

UAS operations in Kenya are regulated by the KCAA[3] under the CAA and the Civil Aviation (Rules of the Air) Regulations, 2018 (Rules of the Air Regulations) (for UAS operated in the international air navigation).   KCAA was established under the CAA to plan, develop, manage, regulate and operate a safe, economical, and efficient civil aviation system in Kenya[4].

Section 61F (1) of the CAA provides that a person shall not allow a UAS to be flown over the territory of Kenya without special authorisation by the KCAA and Section 61F (3) provides that the Rules of Air Regulations shall be applicable to facilitate application and processing of such authorisation.

Under the Draft Regulations, KCAA will be mandated to approve all UAS operations in Kenya, issue permits for import of UAS into Kenya, issue authorisation for the manufacture, assembly and testing of UAS in Kenya, register and de-register UAS, issue operators of UAS with Remote Aircraft Operators Certificates and issue authorisation to persons offering training on the operation of UAS.

[3] Section 3 of the Civil Aviation Act No. 21 of 2013

[4] Section 6 of the Civil Aviation Act No. 21 of 2013

State aircraft are excluded from the application of the CAA and the Rules of the Air Regulations[5]. The Draft Regulations also exclude state aircraft from its application and prohibits any person other than the national government from owning, registering or operating an UAS with military specifications[6].

[5] Section 3(2) of the Civil Aviation Act No. 21 of 2013

[6] Regulation 6 (3) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

Unlike the  annulled RPAS Regulations which categorized UAS into Recreational and Sports UAS operations, Private UAS Operations; and Commercial UAS Operations, the Draft Regulations do not specifically distinguish between public, leisure and commercial UAS.

UAS operations under the Draft Regulations will be categorized based on the risk posed by the type of operations of the UAS[7] as follows:

4.1     Category A Operations (Low risk)[8]:

4.1.1     This category of operations poses low or minimal risk to the public, property and manned aviation.

4.1.2     This category of UAS will be operated within visual line of site and at a maximum height of 400 feet above ground level and 50 meters lateral distance from any persons, building or object not associated with the operations and shall only be conducted within Visual line-of-sight (VLOS).

4.1.3     UAS operated in this category shall not be more than 25kg maximum take-off mass together with associated payloads.

4.1.4     Such operations shall be conducted within segregated airspaces and away from any notified prohibited, restricted and/or danger areas unless expressly authorized by the KCAA.

4.1.5     UAS operators in this category shall possess a certificate issued by the KCAA permitting them to conduct operations.

4.2     Category B Operations (medium risk/regulated lower risk): [9]

4.2.1     Operations under this category pose medium risk to the public, property and manned aviation.

4.2.2     UAS operations in this category shall be operated within visual line of site (including extended visual line of site) at all time and heights above ground and distances from any persons, buildings or objects not associated with the operations as may be determined by the Authority.

4.2.3     UAS operated under this category may be operated in non-segregated airspaces but away from controlled airspaces and shall have all such equipment as necessary to ensure the safe and secure operations.

4.2.4     Operations in category B shall be conducted away from any notified prohibited, restricted and/or danger areas unless expressly authorized by the KCAA.

4.2.5     Personnel operating UAS in this category shall be in possession of a valid license issued by the KCAA.

4.3     Category C Operations (High Risk/Manned Aviation Approach): [10]

4.3.1     This Category of operations poses high risk to safety of individuals, property and manned aviation.

4.3.2     UAS operations in this category shall be conducted in any airspaces not classified as prohibited, restricted and/or danger and shall be subject to Air Traffic Control instructions and guidance and at heights and lateral distances from any persons, buildings or objects as prescribed in the Civil Aviation (Rules of the Air) Regulations. All operations under this category shall require to be approved/authorized by the Authority.

4.3.3     UAS operations in this category may be conducted Beyond visual line-of-sight (BVLOS) provided that the UAS has the required capabilities and is fitted with appropriate equipment and the pilot is suitably qualified and holds appropriate ratings for such an operation.

4.3.4     UAS operated in this category shall be issued with a Certificate of Airworthiness by the KCAA; based on the type certificate issued by the state of design/manufacture.

4.3.5     Personnel operating UAS in this category shall be in possession of a valid license issued by the KCAA and endorsed with appropriate ratings for the type of UAS.

[7] Regulation 5 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

[8] Part I of the First Schedule- Category A Operations (Low Risk) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

[9] Part II of the First Schedule Category B Operations (Medium Risk) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 201

[10] Part III of the First Schedule Category C Operations (High Risk) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

There is no distinction in terms of regulation between completely autonomous UAS and remotely-piloted UAS in Kenya. Both are currently regulated under the CAA and the Rules of the Air Regulations and will, upon promulgation of the Draft Regulations be regulated under the CAA and the Draft Regulations.

The operational safety of UAS in Kenya is currently regulated under the CAA, the Rules of the Air Regulations and the Civil Aviation (Safety Management) Regulations, 2018. When issuing authorization for an aircraft flown without a pilot, KCAA is required by CAA to:

a)  ensure that the aircraft is flown either in a controlled airspace; or

b)  if flown in airspaces open to civil aircraft, the aircraft is controlled so as to avoid endangering civil aircraft.

Authorization should be given in accordance with the Civil Aviation (Rules of Air) Regulations and should take in regard the safety of other airspace users and of the persons and property on the ground. Failure to comply with the above requirements is an offence.[11]

The Draft Regulations requires KCAA to consider the risk to public safety when determining whether to register a UAS or issue any authorization, license or permit for the operation of UAS. In addition operators of UAS are required to establish a safety management system commensurate with the size of the operator and the complexity of its operations.[12]

The safety management system to be established shall include-

(a)     A process to identify actual and potential safety hazards and assess the associated risks;

(b)     A process to develop and implement remedial action necessary to maintain an acceptable level of safety; and

(c)     Provision for continuous and regular assessment of the appropriateness and effectiveness of safety management activities.

[11] Section 61F of the Civil Aviation (Amendment) Act, 2016

[12]Regulation 19 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

The CAA does not apply the 1 UAS to 1 pilot rule. The Draft Regulations also do not limit a UAS to one pilot. However, the Draft Regulations require that the pilot in command of a UAS and the co-pilot must be holders of a remote pilot licence issued by the KCAA. In addition, the Draft Regulations prohibit any person from operating a UAS in a category of operation other than the category for which the person has been authorized to operate.[13]  UAS pilots in Kenya are assisted in the safe conduct of UAS by RPA observers. An RPA observer is defined in the Rules of the Air Regulations and the Draft Regulations as “a trained and competent person designated by the operator who, by visual observation of the remote piloted aircraft, assists the remote pilot in the safe conduct of the flight”.

[13] Regulation 13 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

The Rules of the Air Regulations outline the process of requesting for and obtaining authorisation to operate a UAS engaged in international air navigation in Kenya and the requirements for obtaining such authorisation. Rule 3.1 of the Second Schedule of the Rules of Air Regulation provides that a person requiring authorisation shall make a request to the KCAA not less than seven days before the date of the intended flight. The request shall include all the things listed in Rule 3.2 inter alia the name and the contact information of the operator, the UAS characteristics, copy of the certificate of registration, a copy of the certificate of airworthiness, a copy of the remote pilot (s) licence and the take-off and landing requirements.

On their part, the Draft Regulations require any person who operates a UAS for commercial activities, reward or hire to obtain a Remote Aircraft Operators Certificate (ROC) from KCAA. An operator applying for ROC shall submit its application to KCAA in the manner prescribed by KCAA and containing any other information that KCAA may require within ninety days before the intended date of operation. The Authority may issue an operator with the ROC if it has, among other things, its principal place of business and is registered in Kenya, holds a security clearance issued by the Kenya Ministry of Defence and complies with any other requirements as specified by the Authority.

KCAA does not prescribe taxes or fees for the licencing procedure of operators of UAS. However, we note that The Civil Aviation (Regulatory Fees and Charges for RPAS Services) Regulations, 2017 (Fees Regulations) published in December 2017 were not annulled by Parliament during the annulment of the RPAS Regulations.  The Fees Regulations provide for the fees and charges in respect of UAS but since the RPAS Regulations and Draft Regulations are not in force, the Fees Regulations are currently not being implemented by the KCAA.

A certificate of airworthiness is mandatory for the operation of a UAS in Kenya. Rule 2.1 of the Second Schedule of the Rules of the Air Regulations provides that a RPA shall have a certificate of airworthiness issued in accordance with national regulations and in a manner that is consistent with the provisions of the Air Worthiness regulations. The Rules of the Air Regulations also require the person applying for authorisation to operate a UAS in Kenya to provide a copy of the certificate of airworthiness among other things.

Under the Draft Regulations an operator in category C shall be issued with a certificate of airworthiness and the KCAA shall also require a UAS with a type certificate[14] to obtain a Certificate of airworthiness.[15]

[14] A type certificate is a document issued by a state which is a party to the Chicago Convention to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State.

[15] Regulation 12 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

The Draft Regulations requires a UAS operator applying to operate UAS in Kenya for commercial activities, reward or hire to, inter alia:

a)  have its principal place of business and be registered in Kenya; and

b)  hold a security clearance from the Ministry of Defence.

The operator will not be issued with a Remote Aircraft Operators Certificate without complying with the above requirements.

There are no financial requirements to operate a UAS in Kenya.

Under the Draft Regulations, a person will be eligible to own a UAS in Kenya if the person is[16]:

(a)     a Kenyan citizen or a resident in Kenya of minimum age of 18 years;

(b)     a company registered in Kenya; or

(c)     the national government or county government

A person other than the national government shall not own, register or operate a UAS with military specifications.[17]

The Draft Regulations require the operational control of UAS to be the responsibility of the registered owner of the UAS or the operator.

[16] Regulation 6 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[17] Regulation 6 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

The Draft Regulations permit operation of UAS in Kenya for commercial activities, reward or hire. An operator for commercial activities, reward or hire must first be issued with a Remote Aircraft Operators Certificate. To be issued with Remote Aircraft Operators Certificate, the operator must:

a)  have its principal place of business and it is registered in the Kenya;

b)  meet the applicable regulations and standards for the holder of a Remote Aircraft Operators Certificate;

c)  be properly qualified and adequately staffed and equipped to conduct safe operations in commercial operations of the UAS;

d)  hold a security clearance issued by the Ministry of Defence; and

e)  have an approved aircraft operator security programme in accordance with the Civil Aviation (Security) Regulations and meet any other requirements as specified by KCAA.

The operator must also hold a minimum insurance policy in respect of third party risks.

Under the Draft Regulations, any person who will be conducting operations using UAS fitted with cameras or other sensing equipment shall operate them in a responsible way to respect the privacy of other persons and their property. No person shall use a UAS to do any of the following-

(a)     Conduct surveillance of-

(i)     a person without the person’s consent; and

(ii)     private real property without the consent of the owner;

(b)     Photograph or film an individual, without the individual’s consent, for the purpose of publishing or otherwise publicly disseminating the photograph or film.

Infrared or other similar thermal imaging technology equipment fitted on UAS shall only be for the sole purpose of-

(a)     mapping and evaluating the earth’s surface, including terrain and surface water bodies and other features;

(b)     investigation of forests and forest management;

(c)     search and rescue; and

(d)     other similar investigations of vegetation or wildlife.[18]

[18] Regulation 41 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

There are no specific control link interference regulations applicable to UAS operations in Kenya.

Currently, there are no rules regulating UAS manufacture in Kenya. However, upon promulgation of the Draft Regulations, any person who will intend to manufacture assemble, test or sell a UAS or a component thereof will be required to apply for a permit from the KCAA.[19]

[19] Regulation 8 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

Foreign UAS operations into or from Kenya are currently regulated under the Rules of the Air Regulations. The International Civil Aviation Assembly Resolution A37-15 Appendix G (ICAO Assembly Resolution A37-15 Appendix G) which has been incorporated in the Rules of the Air Regulations resolved that pending the coming into force of International Standards in respect of particular categories, classes or types of aircraft, certificates issued or rendered valid, under national regulations, by the Contracting State in which the aircraft is registered shall be recognized by other Contracting States for the purposes of flight over their territories, including landings and take-offs.  The Rules of the Air further provides that a remotely piloted aircraft system (RPAS) engaged in international air navigation shall not be operated without appropriate authorization from the State from which the take-off of the RPA is made and that an RPA shall not be operated across the territory of another State without special authorization issued by each State in which the flight is to operate. This authorization may be in the form of agreements between the States involved. A foreign operator into or from Kenya should therefore obtain special authorisation from KCAA.

Upon promulgation of the Draft Regulations, a UAS flight commencing at a place in Kenya and terminating at a place outside Kenya will be required to get authorization:

a) from the state of destination; or

b) any other state over whose airspace the UAS will fly.

Any UAS flight commencing at a place outside Kenya and terminating at a place within Kenya or overflying the Kenyan airspace will be required to get authorization from the KCAA[20].

[20] Regulation 32 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

There are no regulations relating to fares or pricing of UAS operations in Kenya.

The Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2018 requires all aircraft (including UAS) operating in Kenya to be registered by either the owners of the aircraft or lessees. Regulation 3 (6) (a) of Aircraft Nationality and Registration Marks Regulations provides that an aircraft which is intended to be operated with no pilot on board shall be classified as unmanned aircraft in the register.

There is no particular register created specifically for UAS.

The Draft Regulations also require UAS operating in Kenya to be registered.[21]

[21] Regulation 9 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

The Aircraft Nationality and Registration Marks Regulations requires the name and address of every person who is entitled as owner to a legal interest in the aircraft or a share therein, or, in the case of a lease agreement or financial arrangement, the names and addresses of lessee and lessor or as the case may be, the financier to be mentioned in the register.

The Draft Regulations provide that a person is eligible to own a UAS in Kenya if that person is:[22]

a)  a Kenyan citizen of a minimum age of eighteen (18) years;

b)  a resident of Kenya of a minimum age of eighteen (18) years;

c)  a company registered in Kenya; or

d)  the national and county government of Kenya.

Any transfer of ownership must be notified to the KCAA.[23]

A person other than the national government must not own a UAS with military specifications.[24]

The Draft Regulations requires an operator of a commercial operations UAS to be issued with a Remote Aircraft Operators Certificate (ROC), the operator must among other things demonstrate that it has in place maintenance arrangements consistent with the nature and extent of the operations specified and commensurate with the size, structure and complexity of the organization[25] before being issued with a ROC.

The Draft Regulations also require that a UAS owner or operator to ensure that all UAS components are in working order and in accordance with the manufactures user manual.[26]

[25] Regulation 14(3) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[26] Regulation 12 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

The CAA requires a UAS to be flown either in controlled airspace as specified by the KCAA or if flown in airspaces open to civil aircraft, it is controlled so as to avoid endangering civil aircraft.

The Draft Regulations provide that a UAS shall not be operated:

a)  above 400 feet above ground level and within 50 meters of any person, vessel, vehicle, or structure which is not under the person in charge of the UAS[27] unless higher heights and lateral distances are approved by KCAA;[28]

b)  in conditions other than Visual Meterological Conditions (VMC)[29] unless the pilot is duly rated, the UAS meets required specifications and is approved by the KCAA;[30]

c)  at night, unless specifically cleared by the KCAA on a case by case basis;[31]

d)  where cameras, imaging devices or other sensors capture information, pictures or videos, extending beyond the prescribed area of approved operation.[32] In the instance where cameras, imaging devices or other sensors capture information, pictures or videos, such information shall not be reproduced, processed, shared, distributed or published;[33] and

e)  over a public road, along the length of a public road of at a distance of less than 50m from a public road unless the operation has been approved by the KCAA or such road has been closed from public use and reasonable care has been taken to ensure the safety of road users and pedestrians in the event of loss of control of the RPA.[34]

[27] Regulation 24(1)(a) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[28] Regulation 24(3) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[29] Regulation 24(1)(b) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[30] Regulation  24(4) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[31] Regulation 24(1)(c) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[32] Regulation 24(1)(d) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[33] Regulation 24(2) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[34] Regulation 29 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

Neither the CAA nor the Draft Regulations oblige UAS to take-off from and/or land in specific places in Kenya.

The CAA requires a UAS to be flown either in controlled airspace as specified by the KCAA or if flown in airspaces open to civil aircraft, it is controlled so as to avoid endangering civil aircraft.

The Draft Regulations allows the different categories of UAS to operate in different airspaces as follows:

a)  Category A Operations: Such operations shall be conducted within segregated airspaces and away from any notified prohibited, restricted and/or danger areas unless expressly authorized by the KCAA;[35]

b)  Category B Operations: UAS operated under this category may be operated in non-segregated airspaces but away from controlled airspaces and shall have all such equipment as necessary to ensure the safe and secure operations. Operations in category B shall be conducted away from any notified prohibited, restricted and/or danger areas unless expressly authorized by the KCAA; and[36]

c)  Category C Operations: UAS operations in this category may be conducted Beyond visual line-of-sight (BVLOS) Operation provided that the UAS has the required capabilities and is fitted with appropriate equipment and the pilot is suitably qualified and holds appropriate ratings for such an operation.[37]

[35] First Schedule of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

[36] First Schedule of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

[37] First Schedule of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

The Draft Regulations restrict operations of UAS from all areas that are published in the Kenya Aeronautical Information Publication as prohibited or restricted and danger areas. They also restrict UAS operations in or around the following areas except in accordance with the conditions of the restrictions or by permission granted by the KCAA[38]:

a)  strategic installations;

b)  ANS facilities;

c)  high tension cables and communication masts;

d)  prisons;

e)  police stations;

f)  courts of law;

g)  scenes of crime;

h)  schools; and

i)  hospitals.

[38] Regulation 26 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

Upon promulgation of the Draft Regulations, UAS will be banned from the following zones:

a)  above 400 feet Above Ground Level (AGL) unless authorised by KCAA;

b)  within 50 meters of any person, vessel, vehicle, or structure which is not under the person in charge of the UAS unless authorised by KCAA[39];

c)  in conditions other than Visual Meteorological Conditions (VMC)

d)  where cameras, imaging devices or other sensors capture information, pictures or videos extending beyond the prescribed area of approved operation;

e)  Prohibited areas;

f)  over public road, along the length of a public road of at a distance of less than 50m from a public road unless authorised by KCAA; and

g)  on the operation vicinity of aerodromes unless with the written permission of the owner or operator of an aerodrome, the appropriate Air Navigation Service Provider and approval from KCAA;

[39] Regulation 24(1)(a) of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

All air navigation services including air traffic control are provided by the KCAA.[40] However, the KCAA may authorize an aerodrome to provide air navigation services for the use of such aerodrome subject to such conditions as may be set by the KCAA.[41]

The Draft Regulations provide that an Air Navigation Service Provider (ANSP) shall establish procedures, acceptable to the KCAA, for integration of UAS operation into the airspace to ensure aviation safety and such procedures shall include communication and surveillance detection[42].

[40] Section 7(1) of the CAA

[41] Section 38 of the CAA

[42] Regulation 36 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019

The carriage of cargo by aircraft in Kenya is regulated by the Carriage by Air Act, No. 2 of 1993 and the Montreal Convention. There are no special rules in respect of loss or damage to cargo in a UAS. However, the Draft Regulations require that a UAS operator must hold a minimum insurance policy in respect of third party risks.

There are no special rules on the liability of UAS operators for surface damage. However, Section 59 and 60 of the CAA places the liability for loss or damage caused to any property on land or water by a person or article falling from an aircraft while on flight, taking off or landing to the owner of the aircraft unless the loss or damage is caused or contributed to by the person to whom it was suffered.[43]

Where the aircraft is demised, let or hired out for a period exceeding 14 days and no pilot, commander navigator or operative member of the crew of the aircraft is employed by the owner, the person to which the aircraft is demised to, let to or hired to will be strictly liable for the damage.[44]

[43] Section 59 of the CAA

[44] Section 59 of the CAA

Accident and Incident reporting in Kenya is currently regulated under the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2018 and the Civil Aviation (Safety Management) Regulations, 2018.

The Draft Regulations require a UAS operator to report all incidents and accidents to the KCAA in accordance with the provisions of the Safety Management Regulations.[45] The Safety Management Regulations require the KCAA to establish a mandatory incident reporting system and voluntary incident reporting system for collection of information or potential deficiencies.[46]

The Safety Management Regulations also require a service provider to make a mandatory occurrence reports on accidents, serious incidents, incidents and other safety related occurrences to the KCAA within 24 hours, in case of accidents, 48 hours in the case of serious incidents and 72 hours in the case of incidents and other related occurrences. Occurrence reports must be made on appropriate forms acceptable to the KCAA and contain detailed information pertinent to the specific occurrence.[47]

[45] Regulation 25  of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

[46] Regulation 7 of the Civil Aviation (Safety Management) Regulations

[47] Regulation 12 of the Civil Aviation (Safety Management) Regulations

Investigation of UAS accidents is conducted by the KCAA in accordance with the provisions of the Civil Aviation (Aircraft Accident and Incidents Investigation) Regulations. The Accident and Incidents Investigation Regulations requires the accident investigation department of the KCAA to have a manual of accident and incident investigation containing information and instructions necessary to enable the investigators to perform their duties. Where an accident or a serious incident has occurred, the following steps should be taken:

a)  The relevant person shall send a written notice to the Investigator-In Charge not later than 24 hours after becoming aware of the accident of serious incident. The notice must contain the details specified in the Accident and Investigation Regulations. The Flight crew members or the operator shall also file an accident or incident report;

b)  On receipt of the notification, the Investigator-In Charge shall forward a notification to the contracting state, the state of operator, state of design or the state of the manufacture of the aircraft;

c)  The lead investigator shall designate parties to participate in the investigation;

d)  The investigators will conduct an investigation and prepare a report. The Investigator-In Charge will then submit the Report to the Cabinet Secretary for the time being in charge of aviation before dissemination to any state;

e)  The Cabinet Secretary will release the report within 12 months and where it is not possible to release the report within 12 months, the Cabinet Secretary may release interim reports regularly;

The Investigator-In Charge will make the final report public after the expiry of 30 days of the presentation of the report to the Cabinet Secretary and not later than 60 days with the approval of the Cabinet Secretary.

All aircraft operating in Kenya are required to have minimum insurance policy in respect of third party risks. The Draft Regulations also require UAS operators to have minimum insurance policy in respect of third-party risks.[48] However, the Authority may dispense with the requirement for insurance depending on the category of the UAS. The minimum sum of insurance shall be notified by the KCAA.

[48] Regulation 40 of the Draft Civil Aviation (Unmanned Aircraft Systems) Regulations,2019

There are no provisions in the Draft Regulations on what should be insured on UAS. However, the Insurance Act, Chapter 487, Laws of Kenya requires aircraft registered or ordinarily located in Kenya to be insured.

There are no regulations of financial support by the government to companies in the UAS sector.  There are also no regulations generally on financial aid in Kenya.

There are no state aid rules applicable to the UAS Sector. There are also no state aid rules generally in Kenya.

There are no regulations on state aid in Kenya.

There are no regulations on state aid in Kenya.