The Civil Aviation (Licensing of Air Services) Regulations, 2018

These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 2018.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 167 of 2018
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 2018. Section 2 (Interpretation) refers to "such fixed accommodation and other land arrangements of services as may be appropriate for such persons in Kenya". Persons must not use aircraft in Kenya to provide air services except under a licence issued by the Authority. The Authority must develop procedures for processing licence applications under this Part. An applicant for an internal air services licence must satisfy conditions (a)–(f), including Kenyan citizenship or majority Kenyan/state voting rights, use of Kenyan-registered aircraft, meeting Regulations 19, 20 and 47, air operator certificate requirements, and applicable laws on safety, public health, environment and business operations.

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Provisions of The Civil Aviation (Licensing of Air Services) Regulations, 2018

Showing 74 of 74

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation.

AI-assisted research summary: These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 2018.

Section 1. Citation. Section These Regulations may be cited as the Civil Aviation (Licensing of Air Services) Regulations, 2018.
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PRELIMINARY - 2. Interpretation.

AI-assisted research summary: Section 2 (Interpretation) refers to "such fixed accommodation and other land arrangements of services as may be appropriate for such persons in Kenya".

Section 2. Interpretation. Section such fixed accommodation and other land arrangements of services as may be appropriate for such persons in Kenya; and

Part II

LICENSING OF INTERNAL AIR SERVICES

3
LICENSING OF INTERNAL AIR SERVICES - 3. Operating without alicenceprohibited.

AI-assisted research summary: Persons must not use aircraft in Kenya to provide air services except under a licence issued by the Authority.

Section 3. Operating without alicenceprohibited. Section A person shall not use an aircraft within Kenya for the provision of any air service except under and in accordance with the terms and conditions of a licence issued by the Authority under these Regulations.
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LICENSING OF INTERNAL AIR SERVICES - 4. Application for a licence under this Part.

AI-assisted research summary: The Authority must develop procedures for processing licence applications under this Part.

Section 4. Application for a licence under this Part. Section 4(1)(a) intends to provide any air service; Section 4(1)(b) intends to renew a licence for an existing air service; Section 4(1)(c) intends to vary the terms or conditions specified on the licence; or Section 4(1)(d) is deemed by the Authority to have made significant changes as provided under regulation 21(3), shall apply to the Authority for a licence. Section 4(2) An application for a licence for any of the categories of air service set out in the First Schedule shall be made to the Authority in a prescribed form and shall contain the particulars set out in the Second Schedule. Section 4(3) The Authority shall develop procedures for processing an application for licence under this Part. Section 4(4)(a) in the case of a sole proprietor, the owner; Section 4(4)(b) in the case of a body corporate, a director or an authorized officer; and Section 4(4)(c) in the case of a partnership, a partner or an authorized officer. Section 4(5) An application for a licence, other than a short-term licence, shall be made to the Authority not less than ninety days before the date on which it is desired to take effect. Section 4(6) Where an application is made in a consolidated form for different categories of air services, the provisions of these Regulations relating to payment of fees shall apply to each category of air service as if the applications were lodged separately.
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LICENSING OF INTERNAL AIR SERVICES - 5. Issuance of licence under this Part.

AI-assisted research summary: An applicant for an internal air services licence must satisfy conditions (a)–(f), including Kenyan citizenship or majority Kenyan/state voting rights, use of Kenyan-registered aircraft, meeting Regulations 19, 20 and 47, air operator certificate requirements, and applicable laws on safety, public health, environment and business operations.

Section 5. Issuance of licence under this Part. Section 5(1)(a) the applicant is a citizen of Kenya; or Section 5(1)(b) in the case of a body corporate or a partnership, at least fifty one (51%) per cent of the voting rights are ultimately held by the State, a citizen of Kenya or both: Section 5(1)(c) the aircraft which will be used in operating the air service is a Kenyan registered aircraft: Section 5(1)(d) the applicant has met the requirements of Regulations 19, 20 and 47; Section 5(1)(e) the applicant is able to meet the requirements of the Authority for an air operator’s certificate for the category of service and aircraft as those set out in the First and Third schedules; and Section 5(1)(f) the applicant meets the requirements of any law relating to aviation safety and security, public health, environmental protection and business operations in general. Section 5(2) For the purpose of this regulation "special nature of the air service" shall include service in the interest of social welfare, charity, for purposes of salvage on humanitarian grounds or of assistance in saving life or in the public interest.
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LICENSING OF INTERNAL AIR SERVICES - 6. Additional requirements for scheduledinternal air service.

AI-assisted research summary: Section has an effective reservations and sales system;

Section 6. Additional requirements for scheduledinternal air service. Section has an effective reservations and sales system;
7
LICENSING OF INTERNAL AIR SERVICES - 7. Conditions to a licence for internal air service.

AI-assisted research summary: The Authority may decline to license another air carrier on a route for two years where an existing carrier operates with not more than twenty revenue seats or not more than ten thousand seats per year.

Section 7. Conditions to a licence for internal air service. Section 7(1)(a) specify the routes or areas that may be operated under the licence; Section 7(1)(b) determine the classes or descriptions of passengers or goods that may be carried; and Section 7(1)(c) the approved schedule of air services shall be observed. Section 7(2)(a) refrain from stipulating that any other person shall refuse booking facilities to any other licensee; Section 7(2)(b) deny booking facilities to any other licensee; or Section 7(2)(c) refrain from granting such facilities to other licensees on onerous terms. Section 7(3)(a) with an aircraft of not more than twenty revenue seats; and Section 7(3)(b) with a capacity not more than ten thousand seats per year, the Authority may decline to license another air carrier on that route for a period of two years.
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LICENSING OF INTERNAL AIR SERVICES - 8. Public interest and development of air service.

AI-assisted research summary: Section 8 concerns public interest and development of air service and notes the existence of other air services in the area through which the proposed air service is to be operated.

Section 8. Public interest and development of air service. Section the existence of other air services in the area through which the proposed air service is to be operated;
9
LICENSING OF INTERNAL AIR SERVICES - 9. Essential service obligation.

AI-assisted research summary: Requires the Cabinet Secretary to publish the essential service obligation in the Kenya Gazette; allows the Authority to add carrier guarantee requirements and to nominate carriers if tenders fail; allows the Cabinet Secretary to set compensation and exclusive rights and requires a review after two years.

Section 9. Essential service obligation. Section 9(1)(a) the availability of services to all consumers including low income, rural and disadvantaged passengers and shippers; and Section 9(1)(b) economic development of the region in which the airport is located. Section 9(2) The Cabinet Secretary shall publish the existence of this essential service obligation in the Kenya Gazette. Section 9(3)(a) public interest; Section 9(3)(b) the possibility for the region, of having recourse to other forms of transport and the ability of such forms to meet the transport needs under consideration; and Section 9(3)(c) the airfares and conditions which can be quoted to users. Section 9(4) In instances where other forms of transport cannot ensure an adequate and uninterrupted service, the Authority may include in the essential service obligation the requirement that any air carrier intending to operate the route gives a guarantee that it shall operate the route for a minimum period of two years in addition to the other terms of the essential service obligation. Section 9(5) The right to operate the service referred to under subregulation (4) shall be granted by way of a public tender for an airport or route(s). Section 9(6) Where no air carrier is willing to offer the required level of service following the tendering process, the Authority may nominate any three air carriers for appointment by the Cabinet Secretary to offer the service. Section 9(7) The Cabinet Secretary may put in place compensation mechanism based on the prevailing market rates, grant exclusive rights to the nominee referred in sub regulation (6) and shall review the situation after a period of two years.

Part III

LICENSING OF INTERNATIONAL AIR SERVICES

10
LICENSING OF INTERNATIONAL AIR SERVICES - 10. Operating without alicenceprohibited.

AI-assisted research summary: A person must not use an aircraft to provide any air service to, from, or in transit through Kenya except under and in accordance with a licence issued by the Authority under these Regulations.

Section 10. Operating without alicenceprohibited. Section A person shall not use an aircraft for the provision of any air service , to, from or in transit through Kenya, except under and in accordance with the terms and conditions of a licence issued by the Authority under these Regulations.
11
LICENSING OF INTERNATIONAL AIR SERVICES - 11. Application for a licence under this Part.

AI-assisted research summary: Applicants (owners, directors, partners or authorised officers depending on business form) must apply to the Authority for licences in the prescribed form with particulars in the Second Schedule; non-short-term licence applications must be made at least ninety days before the intended effective date; the Authority must develop procedures for processing applications.

Section 11. Application for a licence under this Part. Section 11(1)(a) intends to provide any air service; Section 11(1)(b) intends to renew a licence for an existing air service; Section 11(1)(c) intends to vary the terms or conditions specified on the licence; or Section 11(1)(d) is deemed by the Authority to have made significant changes as provided under regulation 21(3), shall apply to the Authority for a licence. Section 11(2) An application for a licence of any of the categories set out in the First schedule shall be made to the Authority in a prescribed form and shall contain the particulars set out in the Second Schedule. Section 11(3) The Authority shall develop procedures for processing an application for licence under this part. Section 11(4)(a) in the case of a sole proprietor, the owner; Section 11(4)(b) in the case of a body corporate, a director or an authorized officer; and Section 11(4)(c) in the case of a partnership, a partner or an authorized officer. Section 11(5) An application for a licence, other than a short-term licence, shall be made to the Authority not less than ninety days before the date on which it is desired to take effect. Section 11(6) Where an application is made in a consolidated form for different categories of air services, the provisions of these regulations relating to payment of fees shall apply to each category of air service as if the applications were lodged separately.
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LICENSING OF INTERNATIONAL AIR SERVICES - 12. Issuance of a licence under this Part.

AI-assisted research summary: Issuance of a licence under this Part: the applicant is a citizen of Kenya

Section 12. Issuance of a licence under this Part. Section the applicant is a citizen of Kenya; or
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LICENSING OF INTERNATIONAL AIR SERVICES - 13. Issuance of Operating Authorization.

AI-assisted research summary: Foreign airlines may not operate scheduled services to, from, or across Kenya unless an operating authorization issued by the Authority is in force.

Section 13. Issuance of Operating Authorization. Section 13(1) An airline whose principal place of business is in a foreign State shall not operate a scheduled air service to, from, or across Kenya unless there is in force an operating authorization for that air service issued by the Authority in accordance with subregulation (2). Section 13(2)(a) there is in force between Kenya and the State in which the airline has its principal place of business an air service agreement or arrangement under which scheduled air services may be operated; Section 13(2)(b) the airline has been designated in accordance with the provisions of the relevant agreement or arrangement; and Section 13(2)(c) the Authority is satisfied that the airline conforms to and complies with the terms and conditions of the relevant agreement or arrangement. Section 13(3) An operating authorization shall remain valid as long as the relevant agreement or arrangement is in force. Section 13(4) The Operating Authorization referred in subregulation (2) may be amended, suspended or revoked in accordance with the terms and conditions of the relevant agreement or arrangement. Section 13(5) The Authority shall cause to be published procedures to be followed and particulars to be supplied by applicants and the applicable fee for an authorization referred to in this regulation.
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Provision

AI-assisted research summary: A licensed air carrier whose principal place of business is in Kenya must not provide air services outside Kenya except under and in accordance with the licence issued by the Authority.

Section 14. Terms and conditions oflicence. Section A licensed air carrier whose principal place of business is in Kenya shall not engage in the provision of air services outside Kenya except under and in accordance with the terms and conditions of the licence issued by the Authority .
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LICENSING OF INTERNATIONAL AIR SERVICES - 15. Conditions forinternational scheduled air service.

AI-assisted research summary: The section states that international scheduled air service "has an effective reservations and sales system."

Section 15. Conditions forinternational scheduled air service. Section has an effective reservations and sales system;
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LICENSING OF INTERNATIONAL AIR SERVICES - 16. Foreign aircraft in transit not to over fly or land unless authorized.

AI-assisted research summary: Foreign aircraft must not overfly or land in Kenya on a non‑scheduled flight unless authorized by the Authority; the Authority may impose conditions and the aircraft must comply.

Section 16. Foreign aircraft in transit not to over fly or land unless authorized. Section 16(1) A foreign aircraft shall not fly in transit non-stop across Kenya or land in Kenya for non-traffic purposes in the course of a nonscheduled flight unless authorized by the Authority. Section 16(2) In granting authorization under subregulation (1), the Authority may impose on the flight such conditions and requirements as it deems necessary to ensure compliance with the general principles contained in the Chicago Convention and the aircraft shall comply. Section 16(3) Where a foreign registered aircraft makes a non-scheduled flight into Kenya it shall not take on or discharge passengers, cargo or mail for reward except in accordance with the terms and conditions of the authorization issued. Section 16(4) The Authority shall cause to be published procedures to be followed and particulars to be supplied by applicants and the applicable fee for an authorization referred to in this Regulation. Section 16(5) Where it appears that a foreign registered aircraft intends, in the course of a non-scheduled flight over Kenya, to proceed over regions without adequate air navigation facilities, the Authority may direct, for reasons of safety, that the aircraft follows an established air route and such a flight shall be conducted in accordance with such terms and conditions as the Authority may impose.
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LICENSING OF INTERNATIONAL AIR SERVICES - 17. Conditions for non-scheduled international air service licence.

AI-assisted research summary: Conditions for a non-scheduled international air service licence require (a) the service to comply with international conventions Kenya has ratified; (b) the applicant to be fit and able; (c) foreign applicants to be certificated by their home State authority; (d) the proposed service not to disrupt existing scheduled services; and (2) the Authority must have due regard to fairness, equity and reciprocal treatment when processing the application.

Section 17. Conditions for non-scheduled international air service licence. Section 17(1)(a) the international air service concerned shall be operated in a manner that complies with the applicable international conventions which Kenya has ratified; Section 17(1)(b) the applicant is fit and able to operate the international air service; Section 17(1)(c) in the case of a foreign applicant, the applicant is appropriately certificated by a competent authority in the home State for the service; and Section 17(1)(d) the proposed air service does not disrupt the existing scheduled air service. Section 17(2) When processing the application, the Authority shall have due regard to fairness, equity and reciprocal treatment accorded to Kenyan air carriers by the State of the applicant.
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LICENSING OF INTERNATIONAL AIR SERVICES - 18. Conditions for operating a non-scheduled air service.

AI-assisted research summary: Air carriers operating non-scheduled services must not take on traffic in Kenya for discharge within Kenya except their originally brought-in traffic; must provide requested statistics to the Authority within thirty days; must ensure facilitation at the terminal airport on arrival and departure; and inclusive-tour-charter carriers must carry only tour package passengers unless authorized to carry other traffic. Contravention is an offence with fines or imprisonment on conviction.

Section 18. Conditions for operating a non-scheduled air service. Section 18(1)(a) not take on any traffic at any point in Kenya, for discharge within Kenya, except that traffic which the air carrier originally brought in; Section 18(1)(b) furnish the Authority with any statistics, within thirty days from the date of the request; Section 18(1)(c) make the necessary arrangements to ensure that the operation of the air service is facilitated at the terminal airport in Kenya at the time of arrival and departure; and Section 18(1)(d) for air carriers operating inclusive tour charters, transport only inclusive tour package passengers unless specifically authorized by the Authority to transport other traffic. Section 18(2) Any person who contravenes the provisions of subregulation (1) commits an offence and shall, on conviction, be liable, in the first instance, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or both and for every subsequent offence, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or to both.

Part IV

GENERAL PROVISIONS RELATING TO LICENCES

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GENERAL PROVISIONS RELATING TO LICENCES - 19. Further conditions to application for licence.

AI-assisted research summary: Applicants must submit a two‑year business plan in the Fifth Schedule format; the Authority may accept foreign-issued licences and documents for assessing foreign carriers; licensed air carriers must submit prior-year audited accounts; air carriers seeking to vary licence terms must provide particulars in Part B of the Eighth Schedule.

Section 19. Further conditions to application for licence. Section 19(1)(a) meet at any time, its actual and potential obligations, according to its business plan for a period of two years from the start of operations; Section 19(1)(a)(i) meet at any time, its actual and potential obligations, according to its business plan for a period of two years from the start of operations; Section 19(1)(a)(ii) meet its fixed and operational costs incurred from operations according to its business plan established under realistic assumptions, for a period of three months from the start of operations without relying on revenue generated by the operations; Section 19(1)(b) provide all relevant information, in particular the data referred to in Part A of the Fourth Schedule. Section 19(2) For the purpose of sub regulation (1), an applicant shall submit a business plan for the first two years of operation, which shall be in accordance to the format set out in the Fifth Schedule. Section 19(3) In respect of foreign air carriers, the Authority may accept as sufficient evidence, the production of licences, certificates and documents issued by competent authorities in their home States for purposes of assessing competence, technical and financial fitness of the air carrier. Section 19(4) An air carrier licensed under these Regulations shall submit to the Authority audited financial accounts relating to the previous financial year. Section 19(5) An air carrier who wishes to vary the terms and conditions of licence issued by the Authority shall provide the particulars listed in Part B of the Eighth Schedule.
20
GENERAL PROVISIONS RELATING TO LICENCES - 20. Proof of integrity of persons to control operations.

AI-assisted research summary: The Authority may require proof that persons who will continuously and effectively control an air carrier are of unquestionable integrity and may accept documents from competent foreign authorities as sufficient evidence for foreign nationals.

Section 20. Proof of integrity of persons to control operations. Section 20(1) The Authority may require, for the purpose of issuing a licence, proof that the person(s) who shall continuously and effectively control the operations of the air carrier are of unquestionable integrity or that they have not been declared bankrupt or convicted of a criminal offence by an appropriate authority. Section 20(2) For the purposes of subregulation (1) the Authority may accept as sufficient evidence in respect of foreign nationals, the production of documents issued by competent authorities in the States of origin or the State from which the foreign national comes showing that those requirements are met.
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GENERAL PROVISIONS RELATING TO LICENCES - 21. Notification of change in operation by air carrier.

AI-assisted research summary: Air carriers must notify the Authority of specified changes in operation listed in Section 21(1)(a)–(e); the Authority may require a new licence if changes significantly affect finances or control.

Section 21. Notification of change in operation by air carrier. Section 21(1)(a) operation of a new scheduled air service or a non-scheduled air service to a continent or region not previously served; Section 21(1)(b) changes in the type, category or number of aircraft used or a substantial change in the scale of its activities; Section 21(1)(c) changes in the particulars of the membership of a partnership or changes in its legal status; Section 21(1)(d) changes in the controlling shareholding or changes in the ownership of any single shareholding which represents ten per centum or more of the total shareholding of the air carrier or its parent or ultimate holding company; or Section 21(1)(e) changes in the particulars of the key personnel appointed by the licensee to be responsible and accountable for the operations of the air service. Section 21(2) The submission of a one year business plan two months in advance of the period to which it refers shall constitute sufficient notice under this regulation for the purpose of changes to current operations and circumstances which are included in that business plan. Section 21(3) If the Authority deems the changes notified under subregulation (1) and (2) to have a significant bearing on the finances or control of the air carrier, it shall require the air carrier to submit an application for a new licence and return the existing one for cancellation.
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GENERAL PROVISIONS RELATING TO LICENCES - 22. Aircraft ownership not a condition for licence.

AI-assisted research summary: Ownership of aircraft is not required to obtain or keep a licence; applicants must have access to aircraft by ownership or dry lease and aircraft used by air carriers must be registered; the Authority may approve dry- and wet-lease operations for set periods if adequate insurance exists.

Section 22. Aircraft ownership not a condition for licence. Section 22(1) Ownership of aircraft shall not be a condition for granting or maintaining a licence. Section 22(2)(a) an applicant for an air service licence shall have in place an arrangement for one or more aircraft through ownership or dry lease, at its disposal and under its operational control; Section 22(2)(b) aircraft used by an air carrier shall be registered in its national register. Section 22(3) The Authority may upon request by an air carrier approve operation of an aircraft under a dry lease arrangement for an initial renewable period of twelve (12) months provided that there exists evidence of adequate insurance cover for the operation under dry-lease arrangement. Section 22(4) The Authority may upon request by an air carrier approve operation of an aircraft under a wet lease arrangement to meet temporary and exceptional requirements of an on-going air service operation for a period of six months provided that there exists evidence of adequate insurance cover for the operation under wetlease arrangement. Section 22(5)(a) submission of a statement justifying extension; Section 22(5)(b) the insurance policy adequately covering the additional lease term; Section 22(5)(c) air transport statistics for the preceding six months reflecting consistent and substantial operations; and Section 22(5)(d) the air carrier making arrangements for authentication of the information provided herein at their premises. Section 22(6) For the purpose of this regulation "exceptional circumstances" shall include air carrier’s capacity constraints due to its aircraft undergoing heavy maintenance checks, clearance of backlog due to shortage of aircraft and temporary upsurge in demand for services.
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GENERAL PROVISIONS RELATING TO LICENCES - 23. Approval for use of aircraft from another operator.

AI-assisted research summary: Air carriers must obtain prior approval from the Authority before using an aircraft from another carrier or providing their aircraft to another carrier for operations; the Authority may set conditions and can vary, suspend or revoke approvals and must publish procedures and fees.

Section 23. Approval for use of aircraft from another operator. Section 23(1) No air carrier shall use an aircraft from another carrier or provide its aircraft to another carrier for operations without prior approval from the Authority. Section 23(2)(a) the ability of the air carrier maintaining air operator certificate requirements; Section 23(2)(b) liability standards and the extent of incorporation of the arrangement in the insurance cover; Section 23(2)(c) extent of disclosure of the arrangement by carrier to the public; and Section 23(2)(d) regularity of air service provided under such arrangement. Section 23(3) The conditions of the approval under subregulation (2) shall be part of the lease, sub charter, code share or aircraft interchange agreement between the parties. Section 23(4) The Authority may during the currency of a lease, subcharter, interchange or code share approval on its own volition or on the application by a lessee or lessor, sub-charterer or a party to an interchange or a code share arrangement, vary, suspend or revoke any of the terms or conditions of any of these approvals or the approval in its entirety. Section 23(5) The Authority shall develop procedures to be followed, the particulars or documents to be supplied by applicants and publish the applicable fee for the lease, sub charter, code share or aircraft interchange agreement approval referred to in this regulation.
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GENERAL PROVISIONS RELATING TO LICENCES - 24. Condition for provision ofair service.

AI-assisted research summary: Air services are permitted only under a valid Air Operator Certificate (AOC).

Section 24. Condition for provision ofair service. Section air services except under a valid Air Operator Certificate (AOC);
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GENERAL PROVISIONS RELATING TO LICENCES - 25. Application particulars to be published.

AI-assisted research summary: After receiving an application for a licence (except short-term licences), the Authority must publish in the Kenya Gazette a notice containing the particulars set out in the Sixth Schedule; any person may, within twenty-one days of that publication, make written representations to the Authority which must meet specified formal requirements; a copy of every representation must be sent to the applicant by registered mail; and the Authority may dismiss representations it considers frivolous and vexatious.

Section 25. Application particulars to be published. Section 25(1) The Authority shall, after the receipt of an application for a licence other than an application for a short-term licence, cause to be published in the Kenya Gazette, a notice containing the particulars of the application and such particulars shall be those set out in the Sixth Schedule. Section 25(2) Any person may, within twenty-one days after the publication of the notice referred to in subregulation (1), make representation(s) in writing to the Authority, in favour of or against an application. Section 25(3)(a) be in writing; Section 25(3)(b) state the specific grounds on which it is based; Section 25(3)(c) specify any conditions to be attached to a licence if issued; and Section 25(3)(d) be signed by the person making it, or a person authorized in the case of a body corporate or a partnership. Section 25(4) A copy of every representation in favour of or against an application for a licence shall be sent by the person making it to the applicant at the same time it is sent to the Authority using registered mail. Section 25(5) The Authority may dismiss any representation to an application for a licence where it considers the same to be frivolous and vexatious.
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GENERAL PROVISIONS RELATING TO LICENCES - 26. Public hearing.

AI-assisted research summary: The Authority must hold hearings to determine applications, notify applicants and the public of hearing details, keep records, make decisions within thirty days after the hearing, consider all representations and documents, may defer determination up to six months, and persons making representations may appear but may not recover costs from the Authority.

Section 26. Public hearing. Section 26(1) The Authority shall hold a hearing at such places as may be notified for the purpose of determining an application. Section 26(2) The Authority shall give notice of the day, time and venue of the hearing to the applicant(s) and the public. Section 26(3) A person making representation(s) to the Authority may appear at the hearing of an application in person, by a legal representative or other duly authorized representative, but shall not be entitled to recover any costs from the Authority incurred by him or her in the proceedings. Section 26(4) The Authority shall keep record of the proceedings. Section 26(5) The Authority shall make a decision on an application not later than thirty days after the hearing of the application. Section 26(6) In making a decision on an application, the Authority shall consider all representations, relevant information and supporting documents. Section 26(7) The Authority may defer determination of an application in order to obtain further information provided that such a deferment shall not exceed six months from the date of notification of the deferment.
27
GENERAL PROVISIONS RELATING TO LICENCES - 27. Reasons for refusal to issuelicence.

AI-assisted research summary: The Authority must provide written reasons for licence decisions on request and payment of the fee; it must not disclose reasons related to national security except with Cabinet Secretary consent or a court order; unsuccessful applicants may reapply after three months from notification.

Section 27. Reasons for refusal to issuelicence. Section 27(1) The Authority shall, upon request by an applicant or a person who objected the application and subject to payment of the applicable fee, provide reasons in writing for the decision: Provided that where the reason for the decision relates to matters of national security, the Authority shall not disclose the same except with the consent of the Cabinet Secretary or by a court order. Section 27(2) An applicant whose application for a licence has been unsuccessful may, upon expiry of three months from the date of notification of the decision, submit a new application to the Authority .
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GENERAL PROVISIONS RELATING TO LICENCES - 28. Decisions to be published.

AI-assisted research summary: The Authority must publish decisions on licence applications and on licence revocation and suspension in the Kenya Gazette pursuant to the Seventh Schedule.

Section 28. Decisions to be published. Section The Authority shall publish decisions on applications for licence , revocation and suspension of licence in the Kenya Gazette pursuant to the Seventh Schedule.
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GENERAL PROVISIONS RELATING TO LICENCES - 29. Conditions attached to alicence.

AI-assisted research summary: Certain conditions are attached to a licence, including that the licensee must be sufficiently insured for the endorsed air service and aircraft (including third party liability).

Section 29. Conditions attached to alicence. Section 29(1)(a) that the licensee is sufficiently insured in relation to the type of air service and type of aircraft endorsed on the licence including third party liability; Section 29(1)(b) that the requirements of any law relating to aviation and any air traffic control procedure for the time being in force in Kenya are complied with during the currency of the licence ; and Section 29(1)(c) that uplift and discharge of air traffic in Kenya complies with national laws and rules relating to aviation safety and security, environment, customs, immigration and public health.
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GENERAL PROVISIONS RELATING TO LICENCES - 30. Lapse of alicence.

AI-assisted research summary: Lists circumstances when a licence lapses and requires return of a licence if operations will not continue within 14 days.

Section 30. Lapse of alicence. Section 30(1)(a) where an air carrier ceases operations for six consecutive months; Section 30(1)(b) where operations have not commenced within six months after issuance of the licence ; Section 30(1)(c) upon a licensee’s death, incapacity, bankruptcy in the case of a sole proprietorship or, Section 30(1)(d) as soon as the licensee is under liquidation, sequestrated, incapacitated or placed under receivership as the case may be: Section 30(2) In the case where it is not intended for the operations to continue, the licence shall be returned for cancellation within fourteen (14) days. Section 30(3)(a) not to have commenced operations if within six months of issuance of the licence the air carrier has not operated a revenue flight under the terms and conditions of the licence ; or Section 30(3)(b) to have ceased operation if the air carrier has not carried out any flight six months after the last recorded revenue flight.
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GENERAL PROVISIONS RELATING TO LICENCES - 31. Variation, suspension or revocation oflicence.

AI-assisted research summary: The Authority may vary, suspend, revoke or recall licences; if 21 days' notice to a recall elapses without response the Authority shall revoke the licence; suspension/revocation may follow assessment when an air carrier has financial problems; specified findings or contraventions are listed as grounds.

Section 31. Variation, suspension or revocation oflicence. Section 31(1) The Authority may vary any terms or conditions of a licence or revoke a licence either on its own volition or on application by the licensee. Section 31(2) Whenever it appears that an air carrier is experiencing financial problems, the Authority may, upon assessment of the carrier’s performance, suspend or revoke the licence . Section 31(3)(a) has been found guilty of giving false information to the Authority under regulation 68; Section 31(3)(b) has contravened any terms or condition of the licence ; or Section 31(3)(c) has contravened or failed to comply with any of the provisions of these Regulations. Section 31(4) The Authority may recall a licence to amend errors of administrative nature provided that upon the lapse of twenty one days’ notice without response to such recall, the Authority shall revoke the licence .
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GENERAL PROVISIONS RELATING TO LICENCES - 32. Procedure for revocation, variation or suspension of licence.

AI-assisted research summary: The Authority must give a licensee 21 days' written notice stating grounds before varying, revoking or suspending a licence or its terms; and where a licence is revoked or suspended the Authority must state in writing the reasons for its decision.

Section 32. Procedure for revocation, variation or suspension of licence. Section 32(1) The Authority shall give the licensee twenty one days’ notice in writing before varying, revoking or suspending any licence or terms or conditions of a licence stating the grounds upon which it is proposed to vary, revoke or suspend the licence or the terms or conditions of the licence. Section 32(2)(a) direct a licensee to comply with such terms or conditions as it may specify within the period determined by the Authority; Section 32(2)(b) vary the licence; Section 32(2)(c) suspend the licence concerned for a period not exceeding two years; or Section 32(2)(d) revoke the licence. Section 32(3) Where a licence is revoked or suspended the Authority shall state in writing the reasons for its decision.
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GENERAL PROVISIONS RELATING TO LICENCES - 33. Temporarylicence.

AI-assisted research summary: The Authority may, on request, grant a temporary licence to an applicant for up to 120 days while the full licence application is decided.

Section 33. Temporarylicence. Section 33(1) The Authority may upon request grant a temporary licence to an applicant for a period not exceeding one hundred and twenty days pending determination of the substantive application for licence . Section 33(2)(a) is of the opinion that compliance with the procedure for processing of application referred to would defeat the objective of such application; Section 33(2)(b) is satisfied that the applicant conforms to the general requirements relating to an application for licence ; Section 33(2)(c) is satisfied that the proposed service is in the interest of social welfare, charity, for purposes of salvage on humanitarian grounds or of assistance in saving life or in the public interest:
34
GENERAL PROVISIONS RELATING TO LICENCES - 34. Short-term licence.

AI-assisted research summary: The Authority may, on request, grant a short-term licence for up to seven days if satisfied the application is in the public interest and requires expeditious determination; usual publication and representation rules will not apply in that case.

Section 34. Short-term licence. Section 34(1) The Authority may upon request grant a short term licence to an applicant for a period not exceeding seven days if satisfied that the application is in public interest and requires expeditious determination, in which case the provisions of these Regulations as to publication of particulars of application and representation shall not apply. Section 34(2)(a) public interest; Section 34(2)(b) the need to provide reasonable protection for air carriers of scheduled air services to ensure regularity of the service between Kenya and other States; Section 34(2)(c) any resolution or decision of the International Civil Aviation Organization or of the International Air Transport Association that has been approved by the Authority and is relevant to the particular application. Section 34(3) In the case where a request for a short term licence is made subsequent to a substantive application for a licence, the provisions of subregulation (1) shall not apply. Section 34(4) The Authority may refuse to grant an application for a short term licence on the basis of regularity of short term operations under this regulation. Section 34(5) For the purpose of this subregulation (4), “regularity of operations” shall mean twenty one flights within the seven days’ period.
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GENERAL PROVISIONS RELATING TO LICENCES - 35. Validity of a licence.

AI-assisted research summary: If an applicant fails to pay the licence fee required by subregulation (2), the applicant is deemed to have forfeited the right to a licence.

Section 35. Validity of a licence. Section 35(1)(a) the duration of a licence issued under these Regulations shall not exceed five years from the date on which it is specified to take effect; or Section 35(1)(b) if an application for renewal has been lodged with the Authority before expiry of the licence held by the applicant, the existing licence shall remain in force until such application has been determined. Section 35(2) Payment of a licence fee shall be made within thirty days from the date of gazettement of the decisions. Section 35(3) In the case where an applicant fails to make payment referred in subregulation (2) it shall be deemed to have forfeited its right to a licence.
36
GENERAL PROVISIONS RELATING TO LICENCES - 36. Limitation of traffic rights in certain cases.

AI-assisted research summary: The Authority may, subject to the regulation and when physical constraints or environmental problems exist, impose conditions or limit or refuse the exercise of traffic rights; such measures must meet the listed requirements (e.g. non-discriminatory, limited to not exceeding three years, reviewed thereafter, not unduly affecting objectives, not distorting competition, and not more restrictive than necessary).

Section 36. Limitation of traffic rights in certain cases. Section 36(1) When physical constraints or environmental problems exist the Authority may, subject to this regulation, impose conditions, limit or refuse the exercise of traffic rights in particular when other modes of transport can provide satisfactory levels of service. Section 36(2)(a) be non- discriminatory on grounds of identity of air carriers; Section 36(2)(b) have a limited period of validity, not exceeding three years, after which it shall be reviewed; Section 36(2)(c) not unduly affect the objectives of these Regulations; Section 36(2)(d) not distort competition between air carriers; and Section 36(2)(e) not be more restrictive than necessary in order to relieve the problems.
37
GENERAL PROVISIONS RELATING TO LICENCES - 37. Form of application andlicence.

AI-assisted research summary: If an application is made in a consolidated form for categories of air services and aircraft, the rules on payment of fees apply to each separate category of air service as if they were separate applications.

Section 37. Form of application andlicence. Section an application is made in a consolidated form for the categories of air services and aircraft, the provisions of these Regulations relating to payment of fees shall apply to each separate category of air service as if they were separate applications; and
38
GENERAL PROVISIONS RELATING TO LICENCES - 38. Licence not transferrable.

AI-assisted research summary: A licence is not transferrable or assignable.

Section 38. Licence not transferrable. Section A licence is not transferrable or assignable.
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GENERAL PROVISIONS RELATING TO LICENCES - 39. Confidentiality of information disclosed.

AI-assisted research summary: The Authority may require an applicant to disclose information about their financial resources, and that information is to be treated as confidential.

Section 39. Confidentiality of information disclosed. Section Notwithstanding the provisions of these Regulations, the Authority may require an applicant to disclose information as to his or her financial resources, and such information shall be treated as confidential.
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GENERAL PROVISIONS RELATING TO LICENCES - 40. Provisions as to conveyance of mails.

AI-assisted research summary: Licence holders must perform reasonable services required by the Communications Authority of Kenya for the conveyance of mails and persons on air services operated under the licence.

Section 40. Provisions as to conveyance of mails. Section 40(1) The holder of a licence shall perform all such reasonable services as the Communications Authority of Kenya may from time to time require in regard to the conveyance of mails (and of any persons who may be in charge thereof) upon air services operated under the licence . Section 40(2) The remuneration for any services performed in pursuance of this regulation shall be such as may from time to time be determined by agreement between the Communications Authority of Kenya and the licence holder.
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GENERAL PROVISIONS RELATING TO LICENCES - 41. Filing of monthly returns.

AI-assisted research summary: The holder of a licence or operating authorization must make a monthly written return to the Authority and send it to the Authority no later than two months after the end of the month the return covers.

Section 41. Filing of monthly returns. Section 41(1) The holder of a licence or operating authorization shall make a monthly return in writing to the Authority giving, in respect of the month to which the return relates, the particulars set out in the Eighth Schedule with regard to all air services authorized by the licence or operating authorization. Section 41(2) The returns to be made in accordance with subregulation (1) shall be made on a form prescribed by the Authority, and shall be sent to the Authority not later than two months after the expiration of the month to which the return relates.
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GENERAL PROVISIONS RELATING TO LICENCES - 42. Production oflicence.

AI-assisted research summary: The holder of a licence must produce the licence for inspection when requested by the Authority or a person authorized by the Authority.

Section 42. Production oflicence. Section The holder of a licence shall produce such licence for inspection upon a request from the Authority or any person authorized by the Authority .
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GENERAL PROVISIONS RELATING TO LICENCES - 43. Surrender and cancellation oflicence.

AI-assisted research summary: Holders must notify the Authority and return licences when they cease operating; others running the business must notify and return unless they apply for a new licence within 14 days; holders may surrender licences at any time; when a licence is suspended/revoked holders must send the licence to the Authority within 14 days after notice; the Authority must retain and return licences on removal of suspension.

Section 43. Surrender and cancellation oflicence. Section 43(1) In the event of the holder of a licence ceasing to operate the air service authorized thereby he or she shall forthwith notify the Authority and return the licence for cancellation: Provided that where, owing to death, incapacity, bankruptcy, sequestration or liquidation of the holder of a licence or to the appointment of a receiver or manager or trustee in relation to the business of the holder, he or she ceases to operate the air service authorized by the licence , then if the business of the holder is being carried on by some other person, that person shall forthwith notify the Authority and unless an application has been made within fourteen days for a new licence , shall return the licence for cancellation. Section 43(2) A licence may at any time be surrendered by the holder to the Authority for cancellation. Section 43(3) If a licence ceases to have effect, otherwise than by the effluxion of time, or is suspended or revoked, the holder thereof shall, within fourteen days after a notice to that effect has been delivered to him or her personally or sent to him or her by registered mail at the address shown in its application or last notified in accordance with regulation 45, send or deliver the licence to the Authority for retention during the time of suspension or cancellation, and the Authority shall on the removal of a suspension return the licence to the holder.
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GENERAL PROVISIONS RELATING TO LICENCES - 44. Replacement of alicence.

AI-assisted research summary: If a licence is lost, destroyed or defaced the licence holder must immediately notify the Authority; the Authority must issue a duplicate if satisfied, but for defaced licences only after surrender of the original.

Section 44. Replacement of alicence. Section If a licence has been lost, destroyed or defaced the holder thereof shall forthwith notify the Authority which shall, if satisfied that licence has been lost, destroyed or defaced, issue a duplicate, so marked, and the duplicate so issued shall have the same effect as the original: Provided that, in the case of a licence that has been defaced, the duplicate shall be issued only after surrender of the original to the Authority .
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GENERAL PROVISIONS RELATING TO LICENCES - 45. Change of name or address.

AI-assisted research summary: An air carrier must notify the Authority and surrender its licence if it changes its address or company name; the notice must be given within fourteen days.

Section 45. Change of name or address. Section An air carrier shall, if it changes its address or company name during currency of its licence , notify such change to the Authority within fourteen days of such change and surrender the licence to the Authority for amendment.
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GENERAL PROVISIONS RELATING TO LICENCES - 46. Records.

AI-assisted research summary: Requires that licence records include: the date the licence is due to commence; the date it is due to expire; any terms and conditions attached to a granted licence; terminal and intermediate landing places for scheduled air services; a detailed description and geographical area for non-scheduled air services; and, in the case of a rejection or deferment, the reasons.

Section 46. Records. Section 46(1)(a) the date on which the licence is due to commence; Section 46(1)(b) the date on which it is due to expire; Section 46(1)(c) any terms and conditions attached to a granted licence ; Section 46(1)(d) in the case of a scheduled air service , terminal and intermediate landing places on the specified route; Section 46(1)(e) in the case of an air service other than a scheduled one, a detailed description of the type of service and the geographical area of operation; and Section 46(1)(f) in the case of a rejection or deferment, reasons as the case may be.
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GENERAL PROVISIONS RELATING TO LICENCES - 47. Fees.

AI-assisted research summary: There shall be paid in respect of an application for, and grant of an authorization or a licence, the applicable fee in respect of each type of air service, category of aircraft and duration of authorization or licence, as may be prescribed by the Authority from time to time.

Section 47. Fees. Section 47(1) There shall be paid in respect of an application for, and grant of an authorization or a licence , the applicable fee in respect of each type of air service , category of aircraft and duration of authorization or licence , as may be prescribed by the Authority from time to time. Section 47(2) Fee paid under these Regulations shall be non-refundable.
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GENERAL PROVISIONS RELATING TO LICENCES - 48. Air ticket.

AI-assisted research summary: License holders must issue an air ticket to each passenger and include specified information; licensees must keep copies of tickets for at least 12 months and must furnish copies or ticket information to the Authority on request.

Section 48. Air ticket. Section 48(1) The holder of a licence shall issue or cause to be issued an air ticket to each passenger to be transported. Section 48(2)(a) name or trade name of the licensee issuing the ticket; Section 48(2)(b) name of the passenger to be transported; Section 48(2)(c) date of issue and period of validity of the ticket; Section 48(2)(d) places of departure and destination; Section 48(2)(e) place of issue of the ticket; Section 48(2)(f) serial number of the ticket; Section 48(2)(g) name, trade name or the designated International Air Transport Association code of the licensee transporting the passenger; and Section 48(2)(h) cost of the ticket including disclosure of any tax and terms and conditions attached, Section 48(3) An air ticket issued under subregulation (1) shall contain an endorsement to the effect that the licensee referred to in subregulation (2)(g) is duly licensed and complies with the requirements of the Act and these Regulations. Section 48(4) A licensee shall keep copies of all air tickets issued under subregulation (1) for a period of not less than twelve months from the date on which the flight to which the ticket relates took place. Section 48(5) subject to the provisions of sub regulation (4), a licensee shall upon request by the Authority, furnish it with copies of any air tickets, or any information thereon, for such period as may be determined.
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GENERAL PROVISIONS RELATING TO LICENCES - 49. Airway bill.

AI-assisted research summary: License holders must issue an airway bill for each cargo consignment and include specified data; retain copies for at least 12 months; provide copies to the Authority on request.

Section 49. Airway bill. Section 49(1) The holder of a licence shall issue or cause to be issued an air waybill in respect of each consignment of cargo to be transported. Section 49(2)(a) name or trade name of the licensee issuing the airway bill; Section 49(2)(b) contents of such consignment of cargo; Section 49(2)(c) mass and volume of such consignment of cargo; Section 49(2)(d) places of origin and destination; Section 49(2)(e) serial number of the air waybill; Section 49(2)(f) name, trade name or designated International Air Transport Association code of the licensee transporting the cargo; and, Section 49(2)(g) cargo tariff and disclosure of any tax and terms and conditions attached applicable condition: Section 49(3) An airway bill issued under subregulation (1) shall contain an endorsement to the effect that the licensee referred to in subregulation (2)(f) is duly licensed and complies with the requirements of the Act and these Regulations. Section 49(4) A licensee shall keep copies of all airway bills issued under subregulation (1) for a period not less than twelve (12) months from the date on which the flight to which the airway bill relates took place. Section 49(5) subject to the provisions of sub regulation (4), a licensee shall upon request by the Authority, furnish it with copies of any airway bills, or any information thereon, for such period as may be determined.
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GENERAL PROVISIONS RELATING TO LICENCES - 50. Passenger manifest.

AI-assisted research summary: Licence holders must compile a passenger manifest before each flight and retain it for at least 12 months; licensees must furnish manifests or information to the Authority on request.

Section 50. Passenger manifest. Section 50(1) The holder of a licence shall compile or cause to be compiled before each flight a passenger manifest in respect of the flight and such a manifest shall be kept for a period not less than 12 months from the date on which the flight to which it relates took place. Section 50(2) A passenger manifest compiled in terms of sub regulation (1), shall at least contain the name and nationality of each passenger . Section 50(3) Subject to the provisions of sub regulation (1), a licensee shall upon request by the Authority , furnish it with copies of any passenger manifests or any information thereon, for such period as may be determined.
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GENERAL PROVISIONS RELATING TO LICENCES - 51. Insurance.

AI-assisted research summary: A licensee must maintain insurance at all times: at least 100,000 special drawing rights per seat for passengers and baggage and 17 special drawing rights per kilogram for cargo, for the seats or cargo weight authorized by the applicable certificate of airworthiness; the required coverages may be insured as a combined single limit per occurrence.

Section 51. Insurance. Section 51(1) A licensee shall be insured at all times to a minimum amount equivalent to one hundred thousand special drawing rights per seat in respect of passengers and their baggage and seventeen special drawing rights per kilogram in respect of cargo for the total number of seats or cargo weight authorized by the certificate of airworthiness applicable to aircraft to be operated. Section 51(2) In respect of third party liability minimum insurance coverage will comply with the requirements of the State. Section 51(3) The minimum amounts of coverage required for passengers, their baggage, cargo and third party liability may be insured for a combined single limit of insurance per any one occurrence.

Part IX

OFFENCES AND PENALTIES

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OFFENCES AND PENALTIES - 67. Penalties.

AI-assisted research summary: On conviction: for a first offence, liable to a fine up to two million shillings or imprisonment up to two years or both; for a second or subsequent offence, liable to a fine up to three million shillings or imprisonment up to three years or both.

Section 67. Penalties. Section international air service shall, on conviction, be liable, for a first offence, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding two years or both, and for a second or subsequent offence to a fine not exceeding three million shillings or to imprisonment for a term not exceeding three years or both; and,
68
OFFENCES AND PENALTIES - 68. Penalty for false information, etc.

AI-assisted research summary: Penalty for falsifying, counterfeiting, altering, defacing or mutilating a licence or other approvals, or for possessing a licence or approvals that have been thus falsified, counterfeited, altered, defaced or mutilated.

Section 68. Penalty for false information, etc. Section falsifies, counterfeits, alters, defaces, or mutilates a licence or other approvals or is in possession of a licence or other approvals which have been thus falsified, counterfeited, altered, defaced or mutilated;
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OFFENCES AND PENALTIES - 69. Presumption in certain cases.

AI-assisted research summary: If an aircraft is used in breach of the Regulations, it shall be presumed to have been used by the undertaking in whose name it is registered unless proven otherwise.

Section 69. Presumption in certain cases. Section an aircraft used for provision of an air service in contravention of these Regulations shall, until the contrary is proved, be presumed to have been used or caused to be used by an undertaking in whose name the aircraft is registered;
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OFFENCES AND PENALTIES - 70. General penalty.

AI-assisted research summary: Persons who contravene or fail to comply with these Regulations commit an offence; on conviction a first offence carries a fine up to 500,000 shillings or imprisonment up to six months or both, and a second or subsequent offence carries a fine up to 1,000,000 shillings or imprisonment up to one year or both. The Authority (or authorised person) may issue an infringement notice; such a notice may require operations to be halted until the breach is rectified, and penalties do not affect the Authority's power to revoke or suspend licences under Regulations 13(4), 23(4), 31(1) or 58.

Section 70. General penalty. Section 70(1) Any person who contravenes or fails to comply with any of the provisions of these Regulations or of any terms or conditions of a licence or approval granted under the provisions of these Regulations for which no penalty has been provided, commits an offence and shall, on conviction, be liable for a first offence, to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both and in the case of a second or subsequent offence to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both. Section 70(2) In the case of the holder of a licence or any approval granted under these Regulations, any penalty imposed under the provisions of this regulation shall be without prejudice to powers of revocation or suspension of the licence by the Authority under Regulations 13(4), 23(4), 31(1) or 58. Section 70(3) The Authority , or any authorised person may, without limiting the generality of this regulation, issue an infringement notice set out in the Act. Section 70(4) An infringement notice may require that the operations of a particular operator be halted until the breach has been rectified.

Part V

FRANCHISING

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FRANCHISING - 52. Franchise Approval.

AI-assisted research summary: Kenyan-registered and foreign-registered airlines must not operate as franchisees or enter into franchise agreements in Kenya unless they have a franchise approval granted by the Authority; the Authority must develop procedures for franchise approval.

Section 52. Franchise Approval. Section 52(1) No airline registered in Kenya shall operate as a franchisee or enter into a franchise agreement except under and in accordance with the terms and conditions of a franchise approval granted by the Authority . Section 52(2) No foreign registered airline shall operate as a franchisee within Kenya except under and in accordance with the terms and conditions of a franchise approval granted by the Authority . Section 52(3) The Authority shall develop procedures for franchise approval .
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FRANCHISING - 53. Conditions forfranchise approval.

AI-assisted research summary: Section 53 sets conditions for franchise approval and refers to an air service license for an airline registered in Kenya.

Section 53. Conditions forfranchise approval. Section an air service license, in the case of an airline registered in Kenya; and
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FRANCHISING - 54. Application for franchise approval.

AI-assisted research summary: The Authority may grant franchise approval and impose conditions, considering public interest and prevention of unfair competition.

Section 54. Application for franchise approval. Section 54(1) Every application for a franchise approval shall be made to the Authority and shall contain the particulars set out in the Ninth Schedule. Section 54(2) The Authority may grant franchise approval in accordance with these Regulations and impose such conditions as it deems appropriate. Section 54(3)(a) the need to protect public interest; and Section 54(3)(b) prevention of unfair competition.
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FRANCHISING - 55. Franchise information disclosure.

AI-assisted research summary: Franchisees must disclose franchise information to the Authority and keep the disclosure document updated; the Authority may revoke or suspend a franchise licence for material misrepresentation or omission.

Section 55. Franchise information disclosure. Section 55(1) A franchisee shall disclose franchise information to the Authority in accordance with the Ninth Schedule. Section 55(2) The disclosure document shall be updated within sixty (60) days after the end of the franchisor’s fiscal year. Section 55(3) Where there has been a material change in the information required to be disclosed under the Ninth Schedule, the disclosure document shall be updated within (30) days of the occurrence of that material change. Section 55(4) If the disclosure document contains a misrepresentation of a material fact or if there is an omission of a material fact required to be disclosed under the Ninth Schedule the Authority without prejudice to any other action may revoke or suspend the franchise license. Section 55(5) A franchisee shall ensure that every marketing, promotional or advertisement of its business shall contain a clear, unequivocal and prominent disclosure to the public that the franchisee is the actual operator. Section 55(6) A franchisee shall cause to be disclosed to the public at the time of booking, ticketing, check-in and in the aircraft the identity of the actual operator of the flight.
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FRANCHISING - 56. Conditions of change.

AI-assisted research summary: If the franchisor's carriage conditions give passengers or shippers more favorable terms than the franchisee's, the franchisor's terms (including liability limits) must be applied by the franchisee to the franchisee's operations.

Section 56. Conditions of change. Section Whenever the conditions of carriage of the franchisor contain more favorable terms to a passenger or shipper than those of the franchisee then those terms of the franchisor (including liability limitation) shall apply to operations by the franchisee.
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FRANCHISING - 57. Approval not to confer rights.

AI-assisted research summary: The franchise approval shall not be deemed to confer the traffic rights of a franchisee upon the franchisor or vice versa.

Section 57. Approval not to confer rights. Section The franchise approval shall not be deemed to confer the traffic rights of a franchisee upon the franchisor or vice versa.
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FRANCHISING - 58. Revocation, variation or suspension of a franchise approval

AI-assisted research summary: The Authority may, while a franchise approval is current, on its own initiative or on application by a franchisee or franchisor, vary, suspend or revoke any terms of the approval or the approval entirely.

Section 58. Revocation, variation or suspension of a franchise approval Section The Authority may during the currency of a franchise approval either on its own volition or on application by a franchisee or a franchisor vary, suspend or revoke any of the terms or conditions of the approval or the approval in its entirety.

Part VI

APPEALS FROM DECISIONS OF THE AUTHORITY

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APPEALS FROM DECISIONS OF THE AUTHORITY - 59. Right to appeal.

AI-assisted research summary: An applicant aggrieved by the Authority's decision on a licence application has a right to appeal to the Appeals Tribunal.

Section 59. Right to appeal. Section 59(1) An applicant aggrieved by a decision of the Authority in respect of an application for licence shall have a right of appeal to the Appeals Tribunal. Section 59(2) A person who has made representations only in respect to an application shall not be considered to be a person aggrieved in terms of subregulation (1). Section 59(3) This regulation shall not apply to operating authorisations made under regulation 13 of these Regulations.

Part VII

COMPETITION BETWEEN UNDERTAKINGS

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COMPETITION BETWEEN UNDERTAKINGS - 60. Prohibited agreements, decisions and practices.

AI-assisted research summary: Agreements, decisions or concerted practices by undertakings that have the object or effect of preventing, restricting, lessening or distorting competition in Kenya's air transport market are prohibited.

Section 60. Prohibited agreements, decisions and practices. Section 60(1)(a) agreements between undertakings; Section 60(1)(b) decisions of associations of such undertakings; or Section 60(1)(c) concerted practices of such undertakings, which may affect provision of air service by having as their object or effect the prevention, restriction, lessening or distortion of competition in the air transport market in Kenya and any such agreements, decisions or practices are prohibited. Section 60(2)(a) directly or indirectly fix air fares, rates and any conditions attached thereto; Section 60(2)(b) limit or controls aircraft capacity, flight frequencies, technical development or investment; Section 60(2)(c) limit sharing of air transport market or sources of supply; Section 60(2)(d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; Section 60(2)(e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or Section 60(2)(f) otherwise prevent, distort or restrict competition. Section 60(3)(a) do not lead to attainment of the objectives referred to in subregulation (2); Section 60(3)(b) afford such undertakings the possibility of promoting fair trading practices in provision of air service. Section 60(4) Agreements, decisions or practices which may be exempted in sub regulation (3) shall include joint planning, co-ordination of capacity, consultation on tariffs for scheduled air services and slot allocation. Section 60(5) Notwithstanding the provisions of sub regulation (3), any undertaking(s) shall apply to the Authority for exemption. Section 60(6) Any person who contravenes this regulation commits an offence and shall be liable to penalties prescribed by the Government Agency responsible for regulating competition in the country.
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COMPETITION BETWEEN UNDERTAKINGS - 61. Abuse of dominant position.

AI-assisted research summary: Section 61 prohibits various abusive practices by a dominant undertaking and states that any person who contravenes the regulation commits an offence and is liable to penalties prescribed by the Government Agency responsible for regulating competition.

Section 61. Abuse of dominant position. Section 61(2)(a) directly or indirectly imposing unfair air rates, air fares or any conditions attached thereto; Section 61(2)(b) limiting aircraft capacity, flight frequencies, technical development or investment; Section 61(2)(c) applying dissimilar conditions to equivalent transaction with other trading parties, thereby placing them at a competitive disadvantage; Section 61(2)(d) limiting sharing of air transport market or sources of supply through predatory pricing or other practices; or Section 61(2)(e) making the conclusion of contract subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts. Section 61(3) Any person who contravenes this regulation commits an offence and shall be liable to penalties prescribed by the Government Agency responsible for regulating competition in the country.
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COMPETITION BETWEEN UNDERTAKINGS - 62. State aid.

AI-assisted research summary: State-funded aid that favours certain air service providers and distorts competition affecting trade between undertakings in air services is incompatible with fair competition; certain specified types of aid (social aid to individuals, disaster relief, regional compensation, development of low-standard areas, national projects, activity/area development subject to public interest, and culture/heritage conservation) are identified as compatible in specified circumstances.

Section 62. State aid. Section 62(1) Any aid granted by the State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings engaged in the provision of air service shall, in so far as it affects trade between undertakings in air services, be incompatible with fair competition. Section 62(2)(a) aid having a social character, granted to individual consumers, provided that such aid is granted without discriminating similarly related consumers; Section 62(2)(b) aid to make good the damage caused by natural disasters or exceptional occurrences; Section 62(2)(c) aid granted to the economy of certain areas of Kenya to compensate for the economic disadvantages; Section 62(2)(d) aid to promote the economic development of areas where the standard of living is abnormally low or where there is a serious underemployment; Section 62(2)(e) aid to promote the execution of an important national project or to remedy a serious disturbance in the economy; Section 62(2)(f) aid to facilitate the development of certain economic activities or of certain economic areas, where such aid does not adversely affect air services conditions to an extent contrary to public interest; or Section 62(2)(g) aid to promote culture and heritage conservation where such aid does not affect air service conditions and competition to an extent that is contrary to public interest.
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COMPETITION BETWEEN UNDERTAKINGS - 63. Tariffs.

AI-assisted research summary: Undertakings licensed to provide air service must freely set tariffs and must ensure those tariffs are reasonable taking into account operational cost, service characteristics, commission rates and reasonable profits.

Section 63. Tariffs. Section Undertakings licensed to provide air service shall freely fix tariffs and such a tariffs shall be reasonable taking into consideration operational cost, service characteristics, commission rates and reasonable profits.
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COMPETITION BETWEEN UNDERTAKINGS - 64. Monopoly not to affect public interest.

AI-assisted research summary: Undertakings operating services of general economic interest or holding a revenue-producing monopoly must follow fair trading rules insofar as applying those rules does not prevent them performing their assigned tasks.

Section 64. Monopoly not to affect public interest. Section Undertakings entrusted with operation of services of general economic interest or having the character of revenue producing monopoly shall be subject to provisions of fair trading practices in so far as the application of such provisions do not obstruct the performance, in law and in fact, for the particular tasks assigned to them and the development of trade in air services must not be affected to such an extent as would be contrary to the public interest.
65
COMPETITION BETWEEN UNDERTAKINGS - 65. Review of decisions and confidentiality.

AI-assisted research summary: The Authority must review agreements, decisions or practices affecting competition in air services and may examine records and enter premises; affected persons may appeal within twenty eight days; the Authority and its officers must not disclose information obtained.

Section 65. Review of decisions and confidentiality. Section 65(1) The Authority shall, on its own volition or upon reference by a person whose rights or interests have been affected, review agreements, decisions or practices that may affect competition in the provision of air service and may examine books, other business records, take copies from extracts, ask for oral explanations and enter any premises, land and aircraft used by concerned parties. Section 65(2)(a) issuing of restraining order; Section 65(2)(b) imposition of a fine; or Section 65(2)(c) suspension or revocation of licence. Section 65(3) A person whose rights or interest have been affected by the decision arising from the review referred to in subregulation (1), may appeal to the Authority for review of the decision within twenty eight days. Section 65(4) The Authority, its officers or servants shall not disclose information received pursuant to this regulation.
66
COMPETITION BETWEEN UNDERTAKINGS - 66. Co-operation and co-ordination on competition.

AI-assisted research summary: The Authority must co-operate and co-ordinate matters under this part with the Government Agency responsible for regulating competition in the country.

Section 66. Co-operation and co-ordination on competition. Section The Authority shall co-operate and co-ordinate matters under this part with the Government Agency responsible for regulating competition in the country.

Part X

MISCELLANEOUS

71
MISCELLANEOUS - 71. Delegation of powers byDirector-General.

AI-assisted research summary: The Director-General may, in writing and subject to terms, delegate any powers or duties conferred by the Act or these Regulations to an authorized officer; such delegation must not prevent the Director-General from exercising those powers or duties himself or herself.

Section 71. Delegation of powers byDirector-General. Section 71(1) The Director-General may, subject to such terms and condition, delegate in writing to an authorized officer any powers or duties conferred upon him or her by the Act or under these Regulations. Section 71(2) Delegation given under sub regulation (1) shall not preclude the Director-General from exercising any powers or performing any duties exercisable by him or her under the Act.
72
MISCELLANEOUS - 72. Appointment of air transport officers.

AI-assisted research summary: The Director-General may appoint air transport officers to secure compliance with these Regulations and any licence terms or other authorizations.

Section 72. Appointment of air transport officers. Section 72(1) The Director-General may appoint air transport officers for the purpose of securing compliance with the provisions of these Regulations and any terms or conditions attached to a licence or any authorization granted thereof. Section 72(2)(a) enter and inspect any premises of an airline on which he has reasonable cause to believe that the business of the airline is being carried out in contravention of these Regulations; Section 72(2)(b) examine and take copies of any books, accounts and documents found in those premises relating to or appearing to relate to the business of an airline; Section 72(2)(c) seize any books, accounts or documents found in those premises relating to or appearing to relate to the business of an airline; Section 72(2)(d) question any person who appears to him or her to be engaged in, or carrying on, or employed in the business of an airline in those premises on any matter concerning the application of or compliance with these Regulations or any terms or conditions attached to a licence or any other authorization granted thereof.; Section 72(2)(e) require, by notice in writing, any person who appears to him to be engaged in or carrying on the business of an airline to appear before him at such time and place as he may specify in the notice and provide information or any other document as may be required by the Authority ; Section 72(2)(f) board, detain or recall an aircraft already in flight and search such aircraft if he has reasonable grounds to suspect that the aircraft is being used in contravention of these Regulations or that it contains any matter which may be used as evidence in respect of an offence under these Regulations.
73
MISCELLANEOUS - 73. Procedure on detention or recall of Aircraft.

AI-assisted research summary: Air transport officers must immediately report detentions or recalls of aircraft in flight to the Director-General unless they reasonably believe the aircraft can proceed within three hours; they must not detain aircraft for more than three hours unless authorized by the Director-General; the Director-General may order release pending investigation and may delegate powers in writing; officers who establish contraventions must issue infringement notices.

Section 73. Procedure on detention or recall of Aircraft. Section 73(1) Where an air transport officer detains or recalls an aircraft already in flight he or she shall, unless he or she is of the opinion that due to the nature of the offence, the aircraft is likely to be allowed to proceed on its flight within a period not exceeding three hours, immediately report such detention or recall to the Director-General: Provided that under no circumstances shall an air transport officer detain an aircraft for more than three hours from the time of its intended departure or from the time of landing after being recalled unless such longer detention has been authorized by the Director-General under this regulation. Section 73(2) On receipt of a report under this regulation the Director-General may, pending further investigation, order the detained aircraft to proceed on its flight if he or she is of the opinion that the report does not constitute a contravention of these Regulations. Section 73(3) An air transport officer after investigation and upon establishing that there was contravention of these regulations shall, issue an infringement notice stating the particulars of the violation, the period within which to comply as the case may be and the attendant penalty for the stated violation. Section 73(4) The Director-General may, in writing, delegate to any person any of his or her powers under sub regulation (1) and (2).

Part XI

REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS

74
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS - 74. Revocation of LN. No. 114/2009.

AI-assisted research summary: Revokes the Civil Aviation (Licensing of Air Services) Regulations, 2009; licences or approvals in force at the date of entry into force of these Regulations remain valid.

Section 74. Revocation of LN. No. 114/2009. Section 74(1) The Civil Aviation (Licensing of Air Services) Regulations, 2009 are revoked. Section 74(2) Notwithstanding the provisions of subregulation (1), any licence or approval in force at the date of entry into force of these Regulations shall remain valid.

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