Civil Aviation Act

Section 1. Short title Section This Act may be cited as the Civil Aviation Act, 2013.

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...

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 Sectio...

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 5. Headquarters. Section The Headquarters of the Authority shall be in Nairobi.

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 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 aer...

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 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...

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 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 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 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 exper...

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 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...

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 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 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 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 Boar...

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; Sectio...

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 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 th...

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 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 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 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 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 28. Commercial ventures Section subscribe to or purchase shares, debentures or other securities of a company;

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 t...

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 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 ord...

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 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 incidenta...

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 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...

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 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 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 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 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 acqu...

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 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 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 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 45. Recovery of debts Section All debts owed to the Authority under this Act shall be recoverable summarily.

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 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 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 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 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 req...