Friday, 11 April, 2025
Senate Committee on delegated legislation reviews civil aviation regulations๐๐ฎ๐ง๐ ๐ ๐๐จw๐๐ซ๐๐ก๐ฎ๐ซ๐ฌ๐๐๐ฒ ๐๐๐ญ๐ก ๐๐ฉ๐ซ๐ข๐ฅ ๐๐๐๐
The Senate Committee on Delegated Legislation, under the leadership of Senator Mwenda Gataya (Tharaka Nithi) convened on Thursday to scrutinize the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2025. The Committee met with Roads and Transport Cabinet Secretary Davis Chirchir to address several key issues arising from the proposed regulations.
CS Chirchir, flanked by Principal Secretaries Teresia Mbaika and Mohamed Daghar responded to concerns raised by the Committee regarding inconsistencies in the definitions of crucial aviation terms such as โaccident,โ โaircraft,โ and โdangerous goods.โ He reassured the Committee that the definitions adopted in the new regulations are in line with international standards as set by the International Civil Aviation Organization (ICAO). Chirchir further stated that the Ministry is working on harmonizing the terms with local legislation through a draft bill and amendments to 39 other aviation regulations.
A major point of discussion was the creation of the Aircraft Accident Investigation Department (AAID), an independent body established to handle aircraft accident investigations. Committee members expressed concern about a possible overlap in the roles of the AAID and the Kenya Civil Aviation Authority (KCAA), particularly with regard to the responsibilities of the KCAA Director General. In response, the Ministry clarified that the AAID was established following ICAO audit recommendations to enhance impartiality and transparency in air accident investigations. The department reports directly to the Cabinet Secretary, thus maintaining a clear distinction from the functions of the KCAA.
On the subject of transparency and public access to investigation findings, CS Chirchir assured the Committee that both interim and final reports would be published in line with ICAO standards. He emphasized that arrangements have already been made by AAID to ensure timely public release of the reports to promote accountability and prevent future accidents.
The Ministry also submitted supporting documents including explanatory notes, stakeholder feedback and recommendations from the Kenya Association of Air Operators (KAAO) for the Committeeโs review.
The Committee resolved to expand consultations with additional stakeholders before making a final decision on the proposed regulations.
In the same sitting, the Committee reviewed several other legal documents, including the Pest Control Products Legal Notice No. 190โ194 of 2024 and a set of Water and Environmental Regulations Legal Notice Nos. 19โ24 and 53 of 2025.
Other members in attendance were Vice Chairperson Senator Danson Mungatana (Tana River), Senator Daniel Maanzo (Makueni), Senator Mohamed Faki (Mombasa), Senator Joyce Korir, Senator Julius Murgor (West Pokot), Senator Betty Montet and Senator Issa Juma Boy (Kwale).
LSK was represented in the meeting by Advocate Patrick Lavince.