The Civil Aviation (Security) Regulations, 2020

AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Security) Regulations, 2020.

AI-assisted research summary: Interpretation: unlawful seizure of an aircraft in flight or on the ground.

AI-assisted research summary: Lists categories of persons, vehicles and entities to which the regulations apply (airports; passengers; persons at airports; aviation workers; occupiers of airport land/buildings; nearby landholders; airport/aircraft operators; air navigation service providers; ground handlers and related service providers; persons with access to restricted areas; suppliers of aircraft stores/goods; persons whose conduct endangers aviation; State aircraft; military or police aviation operations).

AI-assisted research summary: Section 4 applies to aircraft used for civil aviation, and to persons and property on board such aircraft.

AI-assisted research summary: The requesting State must ensure appropriate consultation and consider alternative equivalent measures offered by the Republic of Kenya.

AI-assisted research summary: The Authority may access airports, aircraft (including Kenyan-registered aircraft abroad) and operators' premises in Kenya at all times to carry out security audits, inspections, tests and investigations.

AI-assisted research summary: The Authority may make and issue orders, circulars and directives on aviation security matters under these Regulations.

AI-assisted research summary: The Authority may, in writing, designate qualified persons as authorised persons and shall state their functions and limits of operation.

AI-assisted research summary: Establishes the National Civil Aviation Security Committee, prescribes its composition, appointment by the Cabinet Secretary, members' terms and allowances, meeting frequency (at least once every three months), invitation and participation rules for attendees, and that the head of the Authority chairs the Committee.

AI-assisted research summary: Section establishes the National Civil Aviation Security Quality Control Programme responsibilities and requires entities or persons wishing to undertake security validations, audits, inspections, tests or assessments within any Kenyan airport to seek Authority authorization at least thirty days in advance and to provide the Authority with a report after the exercise; Kenyan registered operators conducting such activities as part of internal quality control programmes are exempt but must keep records and make them available on request.

AI-assisted research summary: The Authority must ensure that the National Civil Aviation Security Quality Control Programme's management, priority-setting and organisation are undertaken independently from the entities and persons implementing measures under the National Civil Aviation Security Programme.

AI-assisted research summary: Operators of airports serving civil aviation in Kenya must have an approved Airport Operator Security Programme and must establish, implement and maintain a written programme meeting the National Civil Aviation Security Programme requirements; persons must not operate an airport without an Authority-approved programme.

AI-assisted research summary: Aircraft operators (and any person) must not operate aircraft serving civil aviation from or within Kenya unless they have an Aircraft Operator Security Programme approved by the Authority; aircraft operators must establish, implement, maintain and periodically review a written Aircraft Operator Security Programme meeting the National Civil Aviation Security Programme, appoint trained coordinators, apply background checks (including recurrent checks at least every two years), protect critical ICT systems per risk assessment, and ensure various security measures listed in the programme.

AI-assisted research summary: A person must not operate an enterprise or organisation for moving cargo or mail by air within or from Kenya unless they have a Regulated Agent Security Programme approved by the Authority and a certificate issued by the Authority.

AI-assisted research summary: A person must not operate a catering-supply enterprise for commercial air transport within or from Kenya unless they have a Catering Operator Security Programme approved by the Authority and a certificate issued by the Authority; the Catering Operator Security Programme must be set out as prescribed and reviewed at least once every two years.

AI-assisted research summary: A person must not operate an enterprise providing air navigation services unless they have a written Air Navigation Service Provider Security Programme approved by the Authority.

AI-assisted research summary: Applicants must submit their security programme to the Authority for approval, pay the fee prescribed by the Authority, and ensure the submitted programme is in duplicate and signed by the applicant or on their behalf.

AI-assisted research summary: The Authority must approve, or direct modification and re-submission of, security programmes within specified timeframes.

AI-assisted research summary: If conditions change so that parts of the security programme are inaccurate or inadequate, notify the Authority immediately, identify interim measures, and submit an amendment for approval within thirty days; the Authority must approve submitted amendments under the procedure in regulation 19.

AI-assisted research summary: The Authority may direct an operator to amend and submit its security programme; when an amended programme is submitted the Authority shall approve it following regulation 19.

AI-assisted research summary: The Authority must develop, coordinate and notify entities about a National Civil Aviation Security Training Programme and ensure certification systems; persons must not operate or offer aviation security training without a valid Authority-issued certificate and compliance with programme requirements.

AI-assisted research summary: Operators must develop and implement an Aviation Security Training Programme that conforms to the National Civil Aviation Security Training Programme and these Regulations; submit the programme to the Authority for approval; and ensure personnel implementing security controls are competent, trained, certified and have up-to-date records.

AI-assisted research summary: Every airport serving civil aviation must establish an Airport Security Committee to coordinate, oversee and monitor airport security; the committee meets at least monthly, the airport manager is chair and appoints members, and the committee may invite persons to participate (without voting).

AI-assisted research summary: Requires a written National Civil Aviation Security Programme, its maintenance and implementation, provisions to make appropriate parts or guidance available to relevant operators, a set of specified programme elements, and periodic review at least once every two years.

AI-assisted research summary: An airport operator must maintain, coordinate and implement airport security controls to protect civil aviation and must carry out specified screening, background checks and contingency exercises.

AI-assisted research summary: Section 26 requires the Authority (with airport operator and others) to identify and designate security restricted areas based on a security risk assessment; airport operators must implement ID systems and keep a scale map; designated authorities must specify entry points and protection; permit-holders must display permits while on duty.

AI-assisted research summary: Airports must have a clear physical boundary (barrier or marked signs) and must have measures to continuously protect and monitor the perimeter to prevent incursions and trespassing.

AI-assisted research summary: People are prohibited from carrying or possessing firearms, ammunition, explosives or inflammable materials in airport premises except law enforcement officers on duty or when authorised in writing; airport operators must ensure no unauthorised person carries those items within airport premises.

AI-assisted research summary: Airport operator must ensure that tenants with premises on the landside or airside boundary are responsible for controlling access through their premises; those tenants must control access and carry on business in compliance with the Airport Operator Security Programme.

AI-assisted research summary: The airport operator must notify the Authority and other concerned entities of the threat, and must determine if the threat affects airport security and coordinate appropriate countermeasures.

AI-assisted research summary: Persons authorised to screen must immediately notify the airport or aircraft operator of the nature of the threat.

AI-assisted research summary: Airport operators must immediately take necessary measures to ensure safety when there is a threat, and must inform the Authority of credible bomb threats.

AI-assisted research summary: Section 33 lists discoveries at an airport or other security restricted area: (a) a weapon other than a firearm allowed under regulation 28; (b) ammunition other than ammunition allowed under regulation 28; (c) an explosive substance or an incendiary device, other than one allowed under regulation 28; or (d) an explosion at the airport unless the explosion is known to be the result of an excavation, a demolition, construction or the use of fireworks displays.

AI-assisted research summary: Airport operators must involve security stakeholders and submit renovation or expansion plans to the Authority for approval before works; the Authority must assess submitted plans for aviation security integration.

AI-assisted research summary: Every operator must ensure specified personnel receive security awareness training at least once every two years.

AI-assisted research summary: Every operator must conduct internal quality control.

AI-assisted research summary: Operators must use randomness and unpredictability when implementing security measures, as appropriate.

AI-assisted research summary: Operators must keep records of every security incident, retain them for at least ninety days, submit them to the Authority within thirty days, and include specified counts and details (weapons, unlawful interference, bomb threats, detentions).

AI-assisted research summary: Aircraft operators serving or registered in Kenya must notify the Authority about code-share or collaborative arrangements and perform a range of security responsibilities including screening, supervision, personnel vetting, and maintaining security measures.

AI-assisted research summary: Aircraft operators may request special protection of an aircraft from an airport operator; if protection is offered, the terms and conditions are determined by the airport operator.

AI-assisted research summary: Lists items that are controlled as prohibited in specified aviation/security locations and allows the Authority to prescribe additional items from time to time.

AI-assisted research summary: If an aircraft has a flight crew compartment door, the door must be lockable from inside the flight crew compartment and must remain locked during flight except to allow authorised persons to enter or exit.

AI-assisted research summary: Law enforcement officers must notify the aircraft operator and pilot in command at least 24 hours before departure when certain passengers must travel due to judicial or administrative proceedings; the aircraft operator must tell the pilot in command details about any escorts and escorted passengers and their seats.

AI-assisted research summary: Section 44 sets rules for authorised carriage of weapons on aircraft: carriage by law enforcement and authorised persons must follow Kenyan law; aircraft operators may allow or refuse carriage subject to Authority conditions; aircraft accepting passenger‑removed weapons must stow them inaccessible and firearms must be confirmed unloaded by authorised qualified person; officers must be specially selected, trained government personnel and deployed per relevant authority threat assessments.

AI-assisted research summary: Regulated agents must establish consignor identity and screening controls, safeguard and issue security status for confirmed cargo and mail, provide records and report inaccuracies, and ensure screening before carriage.

AI-assisted research summary: Only screened and secure cargo or mail is loaded into aircraft engaged in civil aviation.

AI-assisted research summary: Aircraft operators must ensure cargo and mail are screened or confirmed by authorised parties, protected from unlawful interference, recorded on manifests, and subject to enhanced and transfer security controls; they may delegate functions to regulated agents but remain responsible and must report incidents to the Authority.

AI-assisted research summary: Catering operators must provide shipping and catering records to aircraft operators and the Authority on demand; they must identify critical ICT systems and, based on a risk assessment, implement measures to protect them from unlawful interference.

AI-assisted research summary: Catering operators and aircraft operators must offer or accept catering supplies only if they meet the security controls in sub-regulation (2); aircraft operators must not accept supplies without examined documentation and a valid security declaration; aircraft operators must require dangerous goods rules be followed, report incidents to the Authority, and keep acceptance records for at least 90 days.

AI-assisted research summary: Ground handling service providers must have a written security programme meeting specified national, airport and airline requirements, submit it for Authority approval, and review it at least every two years; operating such services without a written programme and an Authority certificate is prohibited.

AI-assisted research summary: People may not operate aviation security service providers at Kenyan airports unless they have an Authority-approved written programme and a certificate; aviation security service providers must develop and maintain written security programmes that include specified elements such as responsibilities, trained staff, background checks, screening procedures, and compliance with client and airport programmes.

AI-assisted research summary: Police must safeguard and search aircraft on the ground; the Authority must give as much prior notice as possible for in-flight arrivals; airport operators must arrange investigation or disposal of suspected dangerous devices and ensure trained personnel are available.

AI-assisted research summary: The Authority must take adequate measures to keep passengers and crew safe if their aircraft is subjected to unlawful interference on the ground until the journey can continue.

AI-assisted research summary: Every operator must immediately notify the Authority when an act of unlawful interference occurs; the section also sets out requirements for preliminary and final written reports following such occurrences.

AI-assisted research summary: Requires reporting to ICAO (preliminary within 30 days after the act; final within 60 days after investigations) and requires the Authority to provide report copies to interested States and to exchange information with other Contracting States and ICAO.

AI-assisted research summary: Lists specific offences at airports (assault or threats against aviation security officers or authorised persons; refusal to follow lawful instructions; physical violence; intentional property damage; carriage or possession of firearms, ammunition, explosives or inflammable materials unless authorised) and sets penalties of a fine up to one million shillings or imprisonment up to one year; airport operators must notify the Authority or other concerned party of threats under regulation 30 or face similar penalties.

AI-assisted research summary: Assault, intimidation or threats against crew, and refusal to follow lawful instructions from the aircraft commander (or on their behalf), are offences; a person convicted is liable to a fine not exceeding one million shillings or imprisonment not exceeding one year, or both.

AI-assisted research summary: Any person must not engage in physical violence, sexual assault, child molestation, assault/intimidation/threat, intentional property damage, or intoxication from alcohol or drugs on board a civil aircraft; those who do commit an offence and are liable on conviction to a fine not exceeding one million shillings or imprisonment not exceeding one year, or both.

AI-assisted research summary: Certain acts on board aircraft are listed as offences (smoking in lavatories/elsewhere on aircraft; tampering with smoke detectors or safety devices; operating portable electronic devices when prohibited). A person convicted of such an offence is liable to a fine not exceeding five hundred thousand shillings or imprisonment not exceeding six months, or both.

AI-assisted research summary: A person who is unlawfully in possession of a prohibited item at certain airport locations or contrary to regulation 41 commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

AI-assisted research summary: A person who, without lawful authority, enters a security restricted area commits an offence and is liable on conviction to a fine (not exceeding one million shillings) or imprisonment (not exceeding one year), or both.

AI-assisted research summary: Using, transferring, issuing, or failing to follow rules for airport security permits in ways that enable unauthorised access is an offence punishable by a fine (up to five hundred thousand shillings), imprisonment (up to six months), or both.

AI-assisted research summary: Persons who operate without or fail to implement required security programmes or training programmes commit an offence and face fines up to one million shillings, imprisonment up to one year, or both.

AI-assisted research summary: Operating without a valid authorization or certificate from the Authority is an offence; on conviction a person faces up to one million shillings fine or up to one year imprisonment (general), and aviation security screeners/supervisors/instructors/inspectors face up to one hundred thousand shillings fine or up to three months imprisonment.

AI-assisted research summary: Using services of certain aviation personnel or service providers who lack valid certificates or, in the case of officers, without required background checks, is an offence punishable by a fine not exceeding 500,000 shillings or imprisonment not exceeding six months, or both.

AI-assisted research summary: Operators who fail to involve security stakeholders and submit required plans before renovation or expansion, or who fail to implement Authority directives or submit corrective action plans in time, commit offences punishable by a fine up to one million shillings or up to one year imprisonment, or both.

AI-assisted research summary: It is an offence for a person to obstruct or impersonate authorised persons or to refuse to obey orders or reasonable requests from police, aviation security officers or authorised persons; on conviction the person may be fined up to five hundred thousand shillings, imprisoned up to six months, or both.

AI-assisted research summary: Persons must not make false declarations, use falsified documents, or provide wrong or misleading information about cargo, mail, catering supplies, stores, airport merchandise or items.

AI-assisted research summary: Offences by body corporate; mentions any director, manager, secretary or similar officer of the body corporate.

AI-assisted research summary: Contravening any regulation, notice, circular or order made under these Regulations is an offence; where no specific penalty is provided, conviction may result in a fine up to one million shillings or imprisonment up to one year, or both.

AI-assisted research summary: Jurisdiction applies to: any aircraft registered in Kenya; any aircraft leased with or without crew to a lessee whose principal place of business is in Kenya or, if the lessee does not have a principal place of business, whose permanent residence is in Kenya; any aircraft on or over the territory of Kenya; or delivered the suspected offender to the competent authorities in accordance with regulation 74(3), including related sub‑requirements for delivery, request to prosecute, and affirmation that no similar request will be made by the pilot in command or the aircraft operator.

AI-assisted research summary: If a police officer or an aviation security officer reasonably suspects an item may be a security risk, they may subject it to security controls and then remove and destroy or otherwise dispose of it.

AI-assisted research summary: Power to stop passengers travelling who are about to embark on an aircraft in Kenya.

AI-assisted research summary: Pilot in command must protect safety and property on board, may restrain or disembark persons who threaten safety or security, search persons and baggage, notify and provide evidence to Kenyan authorities; may land at nearest suitable airport and disembark a severely disruptive passenger in consultation with local authorities; police or airport person in charge must accept delivery of disembarked persons.

AI-assisted research summary: AviationSecurityOfficers have the power to screen cargo or mail, persons and their personal effects, hold and cabin baggage, vehicles, airport merchandise, catering supplies and stores.

AI-assisted research summary: The Authority may exempt persons or airports from these Regulations or any provision, but exemptions must not violate standards from the International Civil Aviation Organisation or other civil aviation regulations; the Authority may impose conditions for exemptions based on the merits of the application.

AI-assisted research summary: The Authority or any authorised person may adopt aviation security monitoring and enforcement procedures approved by the National Civil Aviation Security Committee; may issue infringement notices for serious or prolonged breaches or failures to rectify security lapses; and an infringement notice may require halting an operator's operations until rectified.

AI-assisted research summary: Infringement notices must be designed by the Authority and must be issued by authorized persons for infringement notice offences set out in the Second Schedule of the Act.

AI-assisted research summary: AviationSecurityInspectors have the power to inspect any part of any airport in Kenya.

AI-assisted research summary: Authorized persons, aviation security officers and police officers carrying out their mandate are exempt from personal civil liability for acts or omissions done in the discharge of their duties under the Civil Aviation Act and these Regulations if they acted in good faith.

AI-assisted research summary: Requires certain aviation industry operators in existence immediately before these Regulations commenced to submit a security programme for approval within 90 days and allows them to continue operations on commencement.