The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024, (hereinafter referred to as “the Regulations”) established pursuant to Section 82 of the Civil Aviation Act, provide the legal basis and framework for the investigation of aircraft accidents and incidents within Kenya’s jurisdiction, as well as Kenyan-registered aircraft abroad. The summary captures foundational principles, procedural mechanisms, as well as potential areas of concern which are crucial for all stakeholders in the aviation sector.
The Regulations first outline important definitions, crucial for the interpretation and application of the Regulations. This is key, particularly where a particular accident or incident is experienced outside Kenya’s borders, and the aircraft in question is a Kenyan-registered aircraft. The Regulations thereafter outline the investigation procedures to be followed, hinged on accident and incident prevention. To ensure accuracy of the investigations, investigators are required to conduct investigations independently and free from interference. The Aircraft Accident Investigation Department maintain a manual to this effect, detailing the policies and procedures to be followed by investigators.
Another procedural element includes the delegation of authority by the Chief Investigator, the delineation of the Chief Investigator’s obligation to investigate accidents and serious incidents (subject to specified exceptions), and the establishment of protocols for notification and reporting of occurrences. The Regulations further address the identification of parties to the investigation, the mechanisms for international cooperation in investigations, the scope of powers granted to investigators, the manner in which investigations are to be conducted, the provision of assistance to survivors and families, and the handling of flight recorders. This is important, seeing as it establishes a structured, legally defensible process for determining the facts surrounding aviation accidents and incidents, which is crucial for subsequent legal proceedings, liability determinations, and the enforcement of safety regulations. Finally, the Regulations set out procedures concerning actions to be taken upon receipt of notification and procedures following investigations.
These provisions delineate the broader legal and administrative context governing investigations. The Regulations mandate coordination and harmonization between investigations conducted under these Regulations and any judicial or other inquiries that may be instituted, recognizing the potential overlap and the need for procedural concord. The Regulations are alive to the possibility of arising conflict of interest, and as such, have explicitly prohibited the appointment of individuals with any conflict of interest as investigators. To boot, the obstruction of an investigation carried out under these Regulations is legally defined as an offense, thereby establishing an additional deterrent mechanism against interference with the investigative process.
The Regulations also address how information and property involved in investigations is handled. These include specific provisions for the non-disclosure of certain categories of records, striking a balance between the principles of transparency and the necessity to protect sensitive information which, if disclosed, could adversely affect both domestic and international investigations. These protected records typically include witness statements, communications related to aircraft operation, private medical information, and air traffic control voice recordings, subject to exceptions determined by a competent authority. In addition to that, the Regulations further outline procedures governing the release and disposal of the aircraft, its contents, and wreckage once they are no longer required for the investigation purposes, as well as the return and disposal of records provided for the investigation. Finally, the Regulations establish offenses and penalties for contraventions of its provisions to ensure the continuity of actions taken under the previous regulatory framework.