The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— “accident” means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until it comes to rest at the end of the flight and the primary propulsion system is shut down, in which— (a) a person is fatally or seriously injured as a result of— (i) being in the aircraft; (ii) being in direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or (iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; (b) the aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, which would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or (c) the aircraft is missing or is completely inaccessible, Provided that, an aircraft shall be deemed to be missing when the official search has been terminated and the wreckage has not been located; “Aircraft Accident Investigation Department” means the Aircraft Accident Investigation Department designated by Kenya with authority and responsibility for aircraft accident and incident investigation within the context of Annex 13; “accredited representative” means a gazetted aircraft accident investigator designated by the Aircraft Accident Investigation Department, on the basis of his or her qualifications, for the purpose of participating in an investigation conducted by another State; “Act” means the Civil Aviation Act (Cap. 394) ; “adviser” means a person appointed by the Aircraft Accident Investigation Department, on the basis of his or her qualifications, to assist the accredited representative in an investigation; “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air, other than reactions of the air against the earth’s surface, and includes all flying machines, aeroplanes, gliders, seaplanes, rotorcrafts, airships, balloons, gyroplanes, helicopters, ornithopters, unmanned aircraft systems and other similar machines; “air traffic control units” means area control centre, approach control unit, or aerodrome control tower; “Air Traffic Service” means air traffic services and includes flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome control service; “airport operator” means a person, organization or enterprise engaged in the operation of an airport; “Annex 13” means the Annex to the Convention on International Civil Aviation that contains the International Standards and Recommended Practices related to Aircraft Accident and Incident Investigation; “causes” means actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident and the identification of causes does not imply the assignment of fault or the determination of administrative, civil or criminal liability; “chief investigator” means a person appointed by the Cabinet Secretary to be responsible for the aircraft accident and incident investigations within the meaning of the Act; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to aircraft accident investigation; “Contracting State” means any State which is a party to the Convention on International Civil Aviation (Chicago Convention, 1944); “Chicago Convention” means the Convention on the International Civil Aviation concluded at Chicago on the 7th December 1944; “contributing factors” means actions, omissions, events, conditions, or a combination thereof, which, if eliminated, avoided or absent, would have reduced the probability of the accident or incident occurring, or mitigated the severity of the consequences of the accident or incident and the identification of contributing factors does not imply the assignment of fault or the determination of administrative, civil or criminal liability; “crew member” means a person assigned by an air operator to duty on an aircraft during a flight duty period; “C2 link” means the data link between the remote piloted aircraft and the remote pilot station for the purposes of managing the flight; “dangerous goods” means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Instructions; “dangerous goods accident” means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage; “dangerous goods incident” means an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft, or its occupants is also deemed to constitute a dangerous goods incident; “document” means any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic, film, sound recording, video tape, electronic files and data, and any copy thereof; “draft final report” means a draft investigation report that is sent in confidence to departments in Kenya, States, and organizations involved in the investigation, inviting their significant and substantiated comments on the report; “final report” means a conclusive report on investigation into an aircraft accident or incident issued by the Aircraft Accident Investigation Department and includes the pertinent factual information, analysis, conclusions and, when appropriate, associated safety recommendations, and this report is made with the intention of preventing accidents or incidents and in no case has the purpose of creating a presumption of blame or liability; “flight recorder” means any type of recorder installed in the aircraft for the purpose of complementing accident and incident investigation; “ICAO” means International Civil Aviation Organization; “incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; “investigator” means an investigator of accidents appointed under the Act; “investigation” means a process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes or contributing factors and, when appropriate, the making of safety recommendations; “Investigator-In-Charge” means a person charged, on the basis of his or her qualifications and experience, with the responsibility for the organization, conduct and control of an investigation; “interim report” means a report released periodically in the course of an investigation, detailing established factual information, safety issues raised and indicating the progress of the investigation; “Kenya aircraft” means an aircraft that is registered in Kenya; “Kenya operator” means an operator whose principal place of business is located in or permanent residence is in Kenya; “maximum mass” means maximum certificated take-off mass; “Non-Contracting State” means any State which is not a party to the Chicago Convention; “observer” means a representative of another State who is authorized by the Aircraft Accident Investigation Department to attend an investigation as an observer, or an investigator authorized to attend an investigation being conducted by another State as an observer; “occurrence” means any accident or incident associated with the operation of an aircraft; “operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation or operations of remotely piloted aircraft: in the context of remotely piloted aircraft, an aircraft operation refers to the operation of remotely piloted aircraft system; “owner” in relation to an aircraft which is registered, means the registered owner of the aircraft, and in the case of an aircraft which is not registered, means the person who has effective control of the aircraft; “participant” means a person authorized by the Aircraft Accident Investigation Department to participate in an investigation being conducted by the Aircraft Accident Investigation Department because in the opinion of the Aircraft Accident Investigation Department that person has the expertise to contribute to achieving the Aircraft Accident Investigation Department’s mandate; “pilot-in-command” means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight; “preliminary report” means the communication used for the prompt dissemination of data obtained during the early stages of the investigation; “remote pilot station (RPA)” means the component of the remotely piloted aircraft system containing the equipment used to pilot the remotely piloted aircraft; “remotely piloted aircraft system (RPAS)” means a remotely piloted aircraft, its associated remote pilot station(s), the required C2 Link(s) and any other components as specified in the type design; “safety recommendation” means a proposal of the Aircraft Accident Investigation Department, based on information derived from an investigation or other sources, made with the intention of preventing accidents or incidents and which in no case has the purpose of creating a presumption of blame or liability for an accident or incident; “safety recommendation of global concern” means a safety recommendation made to a State civil aviation authority, to a regional certification authority, or to ICAO regarding a systemic deficiency having a probability of recurrence with potential for significant consequences at a global level, and requiring timely action to improve safety; “serious incident” means an incident involving circumstances indicating that there was a high probability of an accident and associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft, takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down; “serious injury” means an injury which is sustained by a person in an accident and which— (a) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was sustained; (b) results in a fracture of any bone (except simple fractures of fingers, toes or nose); (c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; (d) involves injury to any internal organ; (e) involves second-or third-degree burns, or any burns affecting more than 5 per cent of the body surface; or (f) involves verified exposure to infectious substances or injurious radiation; “State” means a Member State of the International Civil Aviation Organization (ICAO); “State aircraft” means aircraft used in military, customs and police services of Kenya or of any other State or any other civil registered aircraft at the time performing a State function and fully converted to offer services to heads of State, military service, customs or police services or any other State; “State of Design” means the State having jurisdiction over the organization responsible for the type design; “State of Manufacture” means the State having jurisdiction over the organization responsible for the final assembly of the aircraft, remote pilot station, engine or propeller; “State of Occurrence” means the State in the territory of which an accident or incident occurs; “State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence; “State of Registry” means the State on whose register the aircraft is entered; “State Safety Programme (SSP)” means an integrated set of regulations and activities aimed at improving safety; “statement” means the whole or any part of an oral, written or recorded statement relating to an aircraft accident or incident given by the author of the statement to the Aircraft Accident Investigation Department; and “Tribunal” means the National Civil Aviation Administrative Review Tribunal established under section 66 of the Act.

Section 3. Application Section 3(1)(a) manned aircraft; or Section 3(1)(b) Remotely Piloted Aircraft (RPA), arising out of or in the course of air navigation which occur to any civil aircraft in or over Kenya, or elsewhere to aircraft registered in Kenya. Section 3(2) In these Regulations the specifications concerning the State of the Operator shall apply only when an aircraft is leased, chartered or interchanged and when that State is not the State of Registry and if it discharges, in respect of these Regulations, in part or in whole, the functions and obligations of the State of Registry.

Section 10. Obligation to investigate Section 10(1)(a) where the accident or serious incident occurs in Kenya; Section 10(1)(b) where the accident or serious incident occurs in any Non-Contracting State which does not intend to carry out an investigation in accordance with Annex 13 and involves a Kenya aircraft or an aircraft operated by a Kenya operator aircraft designed or manufactured in Kenya, Provided that the Aircraft Accident Investigation Department shall endeavor to institute and conduct the investigation in cooperation with the State of Occurrence, but failing such cooperation should itself conduct an investigation with such information as is available; Section 10(1)(c) where the accident or serious incident involves a Kenya aircraft or an aircraft operated by a Kenya operator and the investigation has been delegated to Kenya by another Contracting State by mutual arrangement and consent; Section 10(1)(d) where the accident or serious incident occurs in a location which cannot be definitely established as being in the territory of any State and involves a Kenya aircraft; Section 10(1)(e) where the State of Occurrence does not institute and conduct an investigation and does not delegate the investigation to another State or to a regional accident and incident investigation organization, and Kenya is the State of Registry or the State of the Operator, the Aircraft Accident Investigation Department is entitled to request, in writing, the State of Occurrence to delegate the conducting of such investigation; Section 10(1)(f) subject to subregulation (1)(e) , provided that if the State of occurrence gives express consent or does not reply to such a request within thirty days, Kenya shall institute and conduct the investigation with such information as is available. Section 10(2) In the event of an accident or serious incident involving a civilian aircraft and a military or State aircraft, investigation shall be conducted in accordance with the provisions of these Regulations, with the military or the State being a party to the investigation. Section 10(3)(a) in Kenya; or Section 10(3)(b) outside Kenya involving a Kenya aircraft or an aircraft operated by a Kenya operator. Section 10(4) The Chief Investigator may designate himself or herself or any other investigator as the Investigator-In-Charge for the purpose of carrying out the investigations referred to in subregulation (1) or (2) . Section 10(5) The Chief Investigator may, in consultation with the Investigator-In-Charge, appoint any person as an adviser to assist in carrying out an investigation under these Regulations. Section 10(6) In any case where the Chief Investigator is of the view that more than one investigator is needed to effectively carry out an investigation, he or she may appoint more investigators, one of whom shall be designated Deputy Investigator-In-Charge, to assist the Investigator-In-Charge. Section 10(7) The Aircraft Accident Investigation Department may delegate the whole of an investigation into an accident or serious incident to another State or to a regional accident and incident investigation organization by the formal agreement and such State or Regional Accident Investigation Organization shall be responsible for the conduct of the investigation, including the issuance of the final report and the ADREP reporting. Section 10(8) Where the Aircraft Accident Investigation Department delegates any part of an investigation into an accident or serious incident to another State or to a regional accident and incident investigation organization, by mutual arrangement and consent the Aircraft Accident Investigation Department shall be responsible for the conduct of the investigation, including the issuance of the final report and the ADREP reporting. Section 10(9) Where the Chief Investigator believes that it would be desirable for public notice to be given that an investigation is taking place, he or she may do so in such manner as he or she may deem fit. Section 10(10) The notice referred to in subregulation (8) may, if the Chief Investigator thinks it appropriate, state that any person who desires to make representations concerning the circumstances or causes of the accident or incident may do so orally or in writing within a time to be specified in the notice. Section 10(11) Where Kenya is the State nearest to the scene of an accident in international waters, the Aircraft Accident Investigation Department shall, in collaboration with other authorities, provide such assistance as it may be able and shall, likewise, respond to requests by the State of Registry. Section 10(12) Where the State of Registry is a non-Contracting State which does not intend to conduct an investigation in accordance with Annex 13 and Kenya is the State of the Operator or, the State of Design or the State of Manufacture, Aircraft Accident Investigation Department shall endeavour to institute and conduct the investigation. Section 10(13) The Aircraft Accident Investigation Department may institute an investigation involving unmanned aircraft where an accident or serious incident occurs in Kenya and be responsible for its conduct.

Section 11. Notification and reporting of accidents and incidents Section 11(1)(a) in Kenya; or Section 11(1)(b) Chief Investigator; Section 11(1)(b)(i) Chief Investigator; Section 11(1)(b)(ii) the nearest Air Traffic Service. Section 11(2) The relevant person shall, not later than twenty-four hours after becoming aware of the accident or serious incident, send a written notification in plain language to the Chief Investigator. Section 11(3) Subject to subregulation (2) , the notification shall contain as much of the information as provided for in the Second Schedule, as is readily available, but its dispatch shall not be delayed due to the lack of complete information. Section 11(4)(a) in Kenya; or Section 11(4)(b) outside Kenya which involves a Kenya aircraft or an aircraft operated by a Kenya operator, the relevant person or hirer of the aircraft shall send to the Chief Investigator such information as is in his possession or control with respect to the incident. Section 11(5) Flight crew members or operator of an aircraft involved in an accident or incident shall file an accident or incident report with the Aircraft Accident Investigation Department in a format to be prescribed by the Chief Investigator within ten days of the occurrence or within thirty days for an overdue aircraft that is still missing. Section 11(6) The reportable occurrences referred to in sub regulation (5) shall be as provided for in the Third Schedule of the Regulations Section 11(7) Each flight crew member involved in an accident or incident shall, if physically able and whenever the circumstances of the occurrence allow, submit a written statement of events of the accident or incident to the Investigator-In-Charge within seventy-two hours after the occurrence. Section 11(8) Where a crew member is not physically able to submit the written statement referred to in subregulation (7) or the circumstances of the occurrence do not allow for the submission of the statement within the stipulated timeline, the crew member shall submit the statement as soon as practicable. Section 11(9)(a) the pilot-in-command, operator, owner or any crew member of the aircraft at the time of the accident or serious incident; Section 11(9)(b) where the accident or serious incident occurs on or adjacent to an aerodrome in Kenya, the owner or operator of the aerodrome; or Section 11(9)(c) the air traffic controller having knowledge of an accident or incident. Section 11(10)(a) the State of Registry; Section 11(10)(b) the State of the Operator; Section 11(10)(c) the State of Design; Section 11(10)(d) the State of Manufacture; and Section 11(10)(e) the International Civil Aviation Organization, when the aircraft involved is of a maximum mass of over 2250 kg or is a turbojet-powered aeroplane.

Section 12. Action to be taken on receipt of notification Section 12(1)(a) to a Contracting State(s) having direct interest in the accident or incident, including the State of Registry, the State of the Operator, the State of Design or the State of Manufacture; Section 12(1)(a)(i) to a Contracting State(s) having direct interest in the accident or incident, including the State of Registry, the State of the Operator, the State of Design or the State of Manufacture; Section 12(1)(a)(ii) if the aircraft is of a maximum mass of more than 2,250 kg or is a turbojet-powered aeroplane, to the International Civil Aviation Organisation; Section 12(1)(a)(iii) to any concerned department; Section 12(1)(a)(iv) to any involved air operator, operators of airports and air traffic control units, and aircraft manufacturer; and Section 12(1)(a)(v) to any other local authorities and organizations that could assist the Aircraft Accident Investigation Department in its investigation, Provided that where Kenya is the State of Registry or State of Operator and the State of Occurrence is not aware of a serious incident, the Aircraft Accident Investigation Department shall forward a notification of such an incident to the State of Design, the State of Manufacture and the State of Occurrence; Section 12(1)(b) as to whether the Aircraft Accident Investigation Department will conduct an investigation; Section 12(1)(b)(i) as to whether the Aircraft Accident Investigation Department will conduct an investigation; Section 12(1)(b)(ii) the type and scope of the investigation that will be conducted; Section 12(1)(b)(iii) if the investigation is proposed to be delegated to another Contracting State; and Section 12(1)(b)(iv) as to the means by which the Chief Investigator and the Investigator-In-Charge may be contacted; Section 12(1)(c) as soon as it is practicable to do so, provide the entities referred to in paragraph (a) , (i) , (ii) and (iii) with any other information referred to in the Second Schedule which becomes subsequently available to Aircraft Accident Investigation Department and any other known relevant information pertaining to the accident or serious incident. Section 12(2) The notification referred to in subregulation (1) shall be prepared in English, Provided that the Aircraft Accident Investigation Department may prepare the notification in other working languages of ICAO, taking into account the language of the recipient(s), whenever it is possible to do so without causing undue delay. Section 12(3)(a) acknowledge receipt of the notification; Section 12(3)(b) any relevant information regarding the aircraft and flight crew involved in the accident or serious incident; and Section 12(3)(b)(i) any relevant information regarding the aircraft and flight crew involved in the accident or serious incident; and Section 12(3)(b)(ii) if Kenya is the State of the Operator, provide the State of Registry with details of any dangerous goods on board the aircraft with a minimum delay and by the most suitable and quickest means available; Section 12(3)(c) whether the Aircraft Accident Investigation Department intends to appoint or has appointed an accredited representative; and Section 12(3)(c)(i) whether the Aircraft Accident Investigation Department intends to appoint or has appointed an accredited representative; and Section 12(3)(c)(ii) if such an accredited representative has been appointed and may be travelling to the State of Occurrence, the contact details and the expected date of arrival. Section 12(4)(a) provide the State of Registry with any relevant information available to the Aircraft Accident Investigation Department regarding the flight crew and the aircraft involved in the accident or serious incident; Section 12(4)(b) inform the State of Registry whether it intends to appoint an accredited representative, and if such an accredited representative is appointed, the name and contact details; as well as the expected date of arrival if the accredited representative will be present at the investigation.

Section 13. Parties to the investigation Section 13(1) The Investigator-In-Charge shall designate parties to participate in the investigation. Section 13(2) The Parties shall be limited to those persons, government agencies, companies, and associations whose employees, functions, activities, or products were involved in the accident or incident and who can provide suitable qualified technical personnel to actively assist in the investigation. Section 13(3) Other than the Aircraft Accident Investigation Department, no other entity shall have the right to participate in the investigation, save as provided under regulation 7(2) . Section 13(4) The participants shall be under the direction of the Investigator-In-Charge through their respective party representatives and party coordinators and a party may lose party status if they do not comply with their assigned duties and activity proscription or instructions or if they conduct themselves in a manner prejudicial to the investigation.

Section 14. Accredited representatives, advisers, experts from contracting states Section 14(1)(a) the State of Registry; Section 14(1)(b) the State of the Operator; Section 14(1)(c) the State of Manufacture; Section 14(1)(d) the State of Design; Section 14(1)(e) a State which has provided information, facilities, equipment or experts to the Investigator-In-Charge in connection with the investigation. Section 14(2)(a) visit the scene of the accident; Section 14(2)(b) examine the wreckage; Section 14(2)(c) obtain witness information and suggest areas for questioning witnesses; Section 14(2)(d) have full access to all relevant evidence as soon as possible; Section 14(2)(e) receive copies of all pertinent documents, including reports on the examination of components or studies performed during the investigation; Section 14(2)(f) participate in readouts of recorded media; Section 14(2)(g) participate in off-scene investigative activities including component examinations, technical briefings, tests and simulations; Section 14(2)(h) participate in investigation progress meetings, including deliberations related to analysis, findings, causes, contributing factors and safety recommendations; Section 14(2)(i) make submissions in respect of various aspects of the investigation; and Section 14(2)(j) any other entitlement as may be granted by the Aircraft Accident Investigation Department. Section 14(3) Notwithstanding sub regulation (2), participation of the accredited representative of a Contracting State referred to in sub regulation (1)(e) may be limited to those matters in respect of which that State has provided information, facilities or experts to the Investigator-In-Charge in connection with the investigation. Section 14(4)(a) visit the scene of the accident; Section 14(4)(b) have access to the relevant factual information which is approved for public release by the State conducting the investigation, and information on the progress of the investigation; Section 14(4)(c) participate in the identification of victims; Section 14(4)(d) assist in questioning surviving passengers who are citizens of the expert’s State; and Section 14(4)(e) receive a copy of the final report. Section 14(5) An adviser assisting an accredited representative shall participate in the investigation under the accredited representative’s supervision and to the extent necessary to make the accredited representative’s participation effective. Section 14(6)(a) provide the Investigator-In-Charge with all relevant information available to them; and Section 14(6)(b) not disclose any information on the progress and findings of the investigation without the express consent in writing of the Investigator-In-Charge. Section 14(7) The provisions of subregulation (6) shall not preclude accredited representative(s) from reporting to their respective State(s) in order to facilitate appropriate safety actions. Section 14(8) Where Kenya is the State conducting the investigation and other states participating in the investigation have appointed accredited representative(s) or adviser(s) who intend to travel to Kenya, the Aircraft Accident Investigation Department shall endeavour to facilitate their entry as well as their equipment with a minimum of delay. Section 14(9) Where neither the State of Design nor the State of Manufacture has appointed an accredited representative, the Aircraft Accident Investigation Department shall invite the organizations responsible for the type design and the final assembly of the aircraft to participate, subject to the provisions of these Regulations and procedures. Section 14(10) Where Kenya is the State of Operator, State of Registry, State of Design, or State of Manufacture (for aircraft, power plant and major components) and is specifically requested by the State conducting the investigation to appoint an accredited representative to participate in an investigation involving an aircraft of maximum weight of over 2250kg, the Aircraft Accident Investigation Department shall appoint such an accredited representative. Section 14(11) Where Kenya is the State conducting the investigation, the Aircraft Accident Investigation Department may, if necessary, request the State of Design and the State of Manufacture to assist in the investigation of accidents or serious incidents.

Section 15. Observers and participants Section 15(1) A representative of a State or an air accident investigation authority from a State other than the States specified in regulation 12(1) may, on request and with written permission of the Investigator-In-Charge, participate in an investigation as an observer. Section 15(2) The Chief Investigator may appoint investigators as observers in major accident investigations conducted by other Contracting States, where in his opinion, the investigators will gain relevant experience to handle such investigations if they occur in Kenya. Section 15(3) Subject to any conditions that the Aircraft Accident Investigation Department may impose, a person may, upon written request, participate as an observer in an investigation conducted by the Aircraft Accident Investigation Department if the person is designated as an observer by a concerned department of Kenya having a direct interest in the subject matter of the investigation. Section 15(4) Subject to any conditions that the Aircraft Accident Investigation Department may impose, a person may attend as a participant in an investigation conducted by the Aircraft Accident Investigation Department if in the opinion of the Aircraft Accident Investigation Department, that person has the expertise to contribute to achieving Aircraft Accident Investigation Department’s mandate. Section 15(5)(a) if that person contravenes a condition imposed by the Aircraft Accident Investigation Department on the person's presence; or Section 15(5)(b) if, in the Aircraft Accident Investigation Department's opinion, the person has a conflict of interest that impedes the conduct of the investigation. Section 15(6)(a) visit the occurrence site(s); Section 15(6)(b) examine the aircraft and its component parts and contents involved in the occurrence; Section 15(6)(c) the aviation activity during which the occurrence took place; Section 15(6)(c)(i) the aviation activity during which the occurrence took place; Section 15(6)(c)(ii) the crew members involved in the occurrence, and Section 15(6)(c)(iii) the aircraft, its component parts and contents; Section 15(6)(d) attend laboratory tests or analyses. Section 15(7) The rights and entitlements granted to an observer or participant in subregulation (6) shall not, unless otherwise authorized by the Chief Investigator, include attendance at an interview of a witness during an investigation.

Section 16. Appointment of accredited representatives, advisers and experts by aircraft accident investigation department Section 16(1)(a) is the State of Registry, State of the Operator, State of Manufacture or State of Design of the aircraft involved in the accident or incident; or Section 16(1)(b) has, at the request of the Contracting State conducting the investigation, provided information, facilities or experts to the State in connection with the investigation. Section 16(2) The Aircraft Accident Investigation Department may engage, on a temporary basis, the services of person(s) having technical or specialized knowledge to assist the Aircraft Accident Investigation Department in the investigation of an accident or serious incident which occurs in Kenya or in the territory of another State where Kenya has a special interest in the accident or serious incident by virtue of fatalities or injuries to citizens of Kenya. Section 16(3) The accredited representative and, to the extent specified by the Chief Investigator, an adviser appointed by the Aircraft Accident Investigation Department under subregulation (1) may, for the purposes of the investigation in which they are participating, under the control of the Investigator-In-Charge exercise all or any of the rights and powers of the Investigator-In-Charge specified in subregulation (2). Section 16(4) Technical experts appointed by the Aircraft Accident Investigation Department may also be appointed as advisers to the Accredited Representative. Section 16(5) Where Kenya is the State of Registry or the State of the Operator, the Aircraft Accident Investigation Department shall appoint one or more advisers, proposed by the operator, to assist its Accredited Representative. Section 16(6) Where Kenya is the State conducting the investigation and neither the State of Registry nor the State of the Operator has appointed an Accredited Representative, the Aircraft Accident Investigation Department shall invite the operator to participate in the investigation, subject to the provisions of these Regulations and procedures. Section 16(7) Where Kenya is the State of Design or the State of Manufacture, the Aircraft Accident Investigation Department shall appoint one or more advisers, proposed by the organizations responsible for the type design and the final assembly of the aircraft, to assist the accredited representative(s) appointed under subregulation (1)(a).

Section 17. Powers of investigators and advisers Section 17(1) Where the whole or any part of the investigation is carried out in Kenya an Investigator-In-Charge shall have the access rights, powers and unrestricted control over all relevant material and information as specified in subregulations (2) and (3) to carry out an investigation into an accident or incident in the most efficient way and within the shortest period possible and to ensure that a detailed examination can be made without delay by authorized personnel participating in the investigation. Section 17(2)(a) free and unhindered access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage; Section 17(2)(b) powers to secure and preserve the accident site; Section 17(2)(c) access to the results of examination of the bodies of victims or tests made on samples taken from the bodies of the victims; Section 17(2)(d) immediate and unrestricted access to and use of the contents of the flight recorders, Air Traffic Service records and any other recordings; Section 17(2)(e) access to the results of examination of the bodies of victims or tests made on samples taken from the bodies of the victims; Section 17(2)(f) immediate access to the results of examinations of the persons involved in the operation of the aircraft or tests made on samples taken from such persons; and Section 17(2)(g) free access to any relevant information or records held by the owner, the operator, the operator’s maintenance contractors and sub-contractors, the hirer, the designer or the manufacturer of the aircraft and by the authorities for civil aviation or airport operation or Air Traffic Service. Section 17(3)(a) call before him or her and examine any person(s) as he deems appropriate; Section 17(3)(a)(i) call before him or her and examine any person(s) as he deems appropriate; Section 17(3)(a)(ii) require such person(s) to answer any question or furnish any information or produce any books, papers, documents and articles which he may consider relevant; and Section 17(3)(a)(iii) retain any such books, papers, documents and articles until the completion of the investigation; Section 17(3)(b) the aircraft accident or incident site(s); Section 17(3)(b)(i) the aircraft accident or incident site(s); Section 17(3)(b)(ii) the aircraft and any parts thereof; Section 17(3)(b)(iii) all records and documents associated with the occurrence; and Section 17(3)(b)(iv) prohibit or limit access to the area immediately surrounding the place at which anything involved or likely to have been involved in an accident or incident is located for such period as is necessary for the purposes of preserving and protecting evidence. Section 17(3)(c) require the provision and to make copies of any documents that he may consider relevant to the accident or incident; Section 17(3)(d) retain any such documents until the completion of the investigation, or as the case may be, it is determined that an investigation shall not be carried out; Section 17(3)(e) take statements from all such persons as he deems fit and require each of such persons to make and sign a declaration of the truth of the statement made by him; Section 17(3)(f) on production, if required, of his credentials, enter and search any place, building or aircraft where he believes on reasonable grounds that there is anything relevant to the conduct of an investigation of an accident or incident, and to seize anything relevant that is found in the course of that search; Section 17(3)(g) on production, if required, of his credentials, remove, test, take measures for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident where it appears to him to be necessary for the purposes of the investigation; Section 17(3)(h) take possession of, examine, remove, test, including test to destruction, or take measures for the preservation of any object or evidence he considers necessary for the purposes of the investigation; Section 17(3)(i) order for immediate listing of evidence and removal of debris or components for examination or analysis purposes; Section 17(3)(j) order for the readout of the flight recorders; Section 17(3)(k) cause an autopsy or medical examination to be performed on a fatally injured flight crew, and when necessary, passengers, cabin crew or the body of any other deceased person where he believes on reasonable grounds that the information derived from the autopsy and medical examination is, or may be, relevant to the conduct of the investigation, Provided that the autopsy or medical examination shall be conducted by a pathologist, and if a pathologist experienced in the investigation of aircraft accidents is available, by such pathologist; Section 17(3)(l) require the person having custody of the body of the deceased person or other human remains to permit the performance of autopsy or medical examination; Section 17(3)(m) where appropriate, require the expeditious medical and toxicological examinations of a person who was directly or indirectly involved in the operation of an aircraft involved in an accident or incident by a medical practitioner, and if a medical practitioner experienced in the investigation of aircraft accidents is available, by such medical practitioner; Section 17(3)(n) require a physician or other practitioner to provide medical information concerning a patient where he believes on reasonable grounds that such information is relevant to the investigation; Section 17(3)(o) require the crew, passengers and aviation personnel involved in the accident or incident to undergo such other tests including a breathalyser test within reasonable time for the purposes of the investigation; Section 17(3)(p) call on the services of local authorities or other authorized persons to ensure protection of the accident site, including the aircraft and its contents, until such time as the Aircraft Accident Investigation Department is able to directly take over custody and security of the aircraft and its contents; and Section 17(3)(q) seek such advice or assistance as he or she considers necessary for the purposes of the investigation. Section 17(4) Subject to the provisions of subregulation 3(l),(m),(n) and (o), the notice for medical information shall be made in writing and signed by the Investigator-In-Charge. Section 17(5) In exercising the powers as stipulated under subregulation (3), the Investigator-In-Charge shall produce his or her credentials as proof of his identity and powers, when requested to do so by an involved person. Section 17(6) No person shall refuse or fail to produce information to the Investigator-In-Charge, or to attend before him and give a statement, or to provide information, to submit to a medical examination, or to make the body of a deceased person or other human remains available for the performance of an autopsy or medical examination as stipulated in subregulation (3). Section 17(7) The Investigator-In-Charge may apply to the Tribunal for a court order to compel compliance with orders or directives issued under subregulation (3) . Section 17(8)(a) record or cause to be recorded the condition of the component being tested prior to, during and after the test; and Section 17(8)(b) be represented by a person having technical knowledge and expertise in the subject-matter of the test. Section 17(9) The Investigator-In-Charge may delegate to his or her deputy or any other investigator the rights and powers vested in him or her in subregulations (2) and (3) , where the whole or any part of the investigation is carried out in Kenya. Section 17(10) Without prejudice to the generality of subregulation (3) (r), the Investigator-In-Charge may, in consultation with the Chief Investigator request another Contracting State to provide such information, facilities or experts as he may consider necessary for the purposes of an investigation.

Section 18. Form and conduct of investigation Section 18(1) An investigation shall not be open to the public. Section 18(2)(a) the objective of the investigation set out in these Regulations; Section 18(2)(b) the lessons expected to be drawn from the aircraft accident or incident for the improvement of safety; and Section 18(2)(c) the complexity of the investigation. Section 18(3)(a) immediately inform the police; or Section 18(3)(b) take steps to ensure that the aviation security authorities of other Contracting State(s) concerned are informed of the fact.

Section 19. Assistance to survivors and families Section 19(1)(a) communicating all relevant information in time; Section 19(1)(b) coordinating assistance efforts by the government, airlines and humanitarian and other organisations; and Section 19(1)(c) facilitating their entry into and exit from the country and the repatriation of victims. Section 19(2) The Chief Investigator shall develop instructions for better implementation of subregulation (1) .

Section 20. Flight recorders Section 20(1) The Aircraft Accident Investigation Department shall make effective use of flight recorders in the investigation of an accident or an incident. Section 20(2) The Aircraft Accident Investigation Department shall arrange for the read-out of the flight recorders without delay. Section 20(3)(a) capabilities of the read-out facility; Section 20(3)(b) timeliness of the read-out; and Section 20(3)(c) location of the read-out facility. Section 20(4) Where a Kenyan registered aircraft or an aircraft operated by a Kenyan operator is involved in an accident or serious incident and lands in a State other than the State of Occurrence, the Aircraft Accident Investigation Department shall, upon request from the State conducting the investigation, furnish the latter State with the flight recorder records and, if necessary, the associated flight recorders. Section 20(5) Subject to subregulation 1, the Aircraft Accident Investigation Department shall make available any data from a flight recorder of an aircraft involved in an accident or incident without delay, and provide the State conducting the investigation with all such data available, and not divulge such data without the express consent of the State conducting the investigation.

Section 21. Removal of damaged aircraft Section 21(1)(a) have access to the aircraft involved in the accident or serious incident, the contents thereof or the site of the accident or serious incident, other than the Chief Investigator, the Investigator-In-Charge or an authorised person; or Section 21(1)(b) move or interfere with the aircraft, its contents or the site of the accident or serious incident except under the authority of the Chief Investigator, Investigator-In-Charge or an authorised person. Section 21(2)(a) extricating persons or animals; Section 21(2)(a)(i) extricating persons or animals; Section 21(2)(a)(ii) removing any mail, valuables or dangerous goods carried by the aircraft; Section 21(2)(a)(iii) preventing destruction by fire or other cause; Section 21(2)(a)(iv) preventing any danger or obstruction to the public, air navigation or other transport; and Section 21(2)(b) where it becomes necessary to move or interfere with an aircraft involved in an accident or serious incident as per paragraph (a) , the persons responsible including the operator, search and rescue personnel, fire personnel or the police shall whenever possible ensure that only minimal and necessary interference with the aircraft is done; Section 21(2)(c) the persons referred to in paragraph (b) shall, prior to movement or interference of the wreckage, and whenever possible, preserve the original condition and position of the wreckage and any significant marks using photography, descriptive notes or sketches; and Section 21(2)(d) where the aircraft is wrecked in water, the aircraft or any contents thereof may be moved to such extent as may be necessary for bringing the aircraft or its contents to a place of safety. Section 21(3)(a) remove the goods or passenger baggage from the aircraft subject to the supervision of a police officer; and Section 21(3)(b) release the goods or passenger baggage from the custody of the Investigator-In-Charge subject to clearance by or with the consent of an officer of customs, if the aircraft has come from a place outside Kenya. Section 21(4) Where the Investigator-In-Charge is of the opinion that the aircraft involved in the accident or serious incident is likely to endanger or obstruct the public, air navigation or other transport, he or she may order the owner, operator or hirer of such aircraft to remove it to such place as the Investigator-In-Charge may indicate. Section 21(5) In the absence of the owner, operator or hirer or in the event of non-compliance with the instruction given pursuant to subregulation (4), the Investigator-In-Charge may remove or cause the removal of the aircraft and shall not be liable for any further damage that may occur during removal. Section 21(6) The expenses incurred in removing such aircraft shall be borne by the owner, operator or hirer of the aircraft and where the aircraft is removed by the Investigator-In-Charge under subregulation (5), such expenses shall be recoverable from the owner, operator or hirer or all of them. Section 21(7) In this regulation, “authorised person” means any person authorised by the Investigator-In-Charge either generally or specifically to have access to any aircraft involved in an accident or a serious incident and includes any police officer or any officer of customs. Section 21(8) The police officer referred to in subregulation (7) shall be responsible for the maintenance of law and order and preservation of the site of the accident pending the conclusion of on-site investigation by the Investigator-In-Charge.

Section 22. Autopsy examinations Section The Aircraft Accident Investigation Department shall arrange for complete and expeditious autopsy examination of fatally injured flight crew and, subject to the particular circumstances, passengers and cabin crew members, by a pathologist, preferably experienced in accident investigation.

Section 23. Investigation reports Section 23(1)(a) an aircraft of a maximum mass of more than 2,250 kg; or Section 23(1)(b) State of Registry or the State of Occurrence, as appropriate; Section 23(1)(b)(i) State of Registry or the State of Occurrence, as appropriate; Section 23(1)(b)(ii) ICAO, where the aircraft is of a maximum mass of more than 2,250 kg. Section 23(2) Subject to subregulation (1) , the Investigator-In-Charge shall submit the Preliminary Report to the appropriate States and to ICAO in English. Section 23(3) Notwithstanding subregulation 1, the Investigator-In-Charge shall release information early in the investigation, as appropriate, and then later more formally with a written Preliminary Report. Section 23(4) The Investigator-In-Charge shall send the Preliminary Report by facsimile, e-mail, or airmail within thirty days of the date of the accident or serious incident unless the Accident or Incident Data Report has been sent by that time, Provided that when matters directly affecting safety are involved, it shall be sent as soon as the information is available and by the most suitable and quickest means available. Section 23(5) The Investigator-In-Charge shall, as soon as practicable after the investigation, send the Accident Data Report to ICAO, where the accident involves an aircraft of a maximum mass of more than 2,250 kg. Section 23(6) The Investigator-In-Charge shall, upon request, provide other relevant States with pertinent information additional to that made available in the Accident or Incident Data Report. Section 23(7)(a) send a copy of the draft Final Report, including the intended safety recommendations, to State that instituted the investigation, the State of Registry, the State of the Operator, the State of Design, the State of Manufacture and any other State or organization that participated in the investigation, inviting their significant and substantiated comments on the report; and Section 23(7)(b) if any such comments are received within the consultation period 60 days of the date of the transmittal letter amend the draft Final Report to include the substance of the comments received, as deemed appropriate or, if desired by the Contracting State that provided the comments, append the comments to the Final Report; Section 23(8) When sending the draft Final Report to recipient States, the Investigator-In-Charge may consider using the most suitable and quickest means available, such as facsimile, e-mail, courier service or express mail. Section 23(9) Comments to be appended to the Final Report shall be restricted to non-editorial-specific technical aspects of the Final Report upon which no agreement could be reached. Section 23(10) The Investigator-In-Charge shall send, through the State of the Operator, a copy of the draft Final Report to the operator to enable the operator to submit comments on the draft Final Report. Section 23(11) The Investigator-In-Charge shall send, through the State of Design and the State of Manufacture, a copy of the draft Final Report to the organizations responsible for the type design and the final assembly of the aircraft to enable them to submit comments on the draft Final Report. Section 23(12) Subject to the provisions of subregulations (6) , (9) , and (10), no person shall communicate or use the draft Final Report, or permit its communication or use, for any purpose not strictly necessary to the study of the report and the preparation of comments concerning the report. Section 23(13)(a) Contracting States referred to in subregulation (1)(ii) and the State that instituted the investigation; Section 23(13)(b) Contracting State that has suffered fatalities or serious injuries to its citizens; Section 23(13)(c) any other State that participated in the investigation; Section 23(13)(d) the International Civil Aviation Organisation, where the accident involves an aircraft of a maximum mass of more than 5,700 kg; Section 23(13)(e) any concerned department; and Section 23(13)(f) any other organization(s) or person(s) who, in the opinion of the Aircraft Accident Investigation Department, have a direct interest in the investigation. Section 23(14)(a) the Final Report of the incident, if the Final Report has been released; and Section 23(14)(b) the Incident Data Report. Section 23(15) The Chief Investigator may from time to time issue a list of incidents to be regarded as serious incidents for the purposes of these Regulations. Section 23(16) The Final Report shall be submitted by the Investigator-In-Charge to the Chief Investigator before dissemination to any State under these Regulations. Section 23(17) The Investigator-In-Charge shall prepare the draft Final Report and the Final Report in English.

Section 24. Release of final report Section 24(1) Subject to regulation 4(1) , the Aircraft Accident Investigation Department shall release the Final Report of the investigation of an aircraft accident or serious incident as soon as possible and, if possible, within twelve months from the date of the occurrence of accident or incident. Section 24(2) Where it is not possible to release the report as provided in subregulation (1) , the Aircraft Accident Investigation Department shall release Interim Report(s) periodically but not later than on each anniversary of the occurrence detailing the progress of the investigation, established factual information and any safety issues raised. Section 24(3)(a) any concerned department of Kenya; Section 24(3)(b) the States having a direct interest in the occurrence, and if appropriate to ICAO; and Section 24(3)(c) States having suffered fatalities or serious injuries to its citizens. Section 24(4) The Aircraft Accident Investigation Department shall make the Interim Report publicly available.

Section 25. Publication of report Section 25(1) In the interest of accident prevention, the Aircraft Accident Investigation Department shall make the Final Report of an investigation into an aircraft accident or serious incident publicly available pursuant to its release as per regulation 24 . Section 25(2) The Final Report shall be made public within fourteen days after it has been sent out to the relevant Contracting States referred to under these Regulations. Section 25(3) A person shall not circulate, publish, disclose or give access to any draft report or any part of its contents or any documents obtained during an investigation of an aircraft accident or incident unless the Final Report or documents have already been published by the Aircraft Accident Investigation Department. Section 25(4) Where Kenya is participating in an investigation of an accident or serious incident as the State of Registry, State of Operator, State of Design or State of Manufacture, the Aircraft Accident Investigation Department shall not circulate, publish or give access to a draft report or any part thereof, or any documents obtained during an investigation of an accident or incident, without the express consent of the State which conducted the investigation, unless such reports or documents have already been published or released by that latter State.

Section 26. Safety recommendations Section 26(1)(a) recommend in a dated transmittal correspondence to the appropriate authorities, including those in other States, any preventive action that it considers necessary to be taken promptly to enhance aviation safety; Section 26(1)(b) address, when appropriate, any safety recommendation arising out of the investigation in a dated transmittal correspondence to the accident investigation authorities of the other States concerned and when ICAO documents are involved, to ICAO, Provided if the Final Report contains safety recommendations addressed to ICAO, when ICAO documents are involved, this report must be accompanied by a letter outlining the specific action proposed; Section 26(1)(c) action addressee for the safety recommendation; Section 26(1)(c)(i) action addressee for the safety recommendation; Section 26(1)(c)(ii) involved departments; Section 26(1)(c)(iii) involved stakeholders, such as but not limited to the airline, maintenance organization, manufacturer, air traffic services provider, and airport operator; and Section 26(1)(c)(iv) others who may benefit from lessons learned. Section 26(2) Subject to subregulation 1 the Aircraft Accident Investigation Department may consult States participating in the investigation on the draft safety recommendations, inviting their comments on the appropriateness and effectiveness of the safety recommendations. Section 26(3) Where Kenya is participating in an investigation conducted by another State, the Aircraft Accident Investigation Department may, in coordination with the State conducting the investigation and at any stage of the investigation, recommend in a dated transmittal correspondence to the appropriate authorities, including those in other States, any preventive action that it considers necessary to be taken promptly to enhance aviation safety. Section 26(4) The Aircraft Accident Investigation Department shall communicate to relevant person(s) or authorities in Kenya, the safety recommendations received from another Contracting State. Section 26(5)(a) take that recommendation into consideration without delay and, where appropriate, act upon it; Section 26(5)(b) full details of the measures, if any, he or she or it has taken or proposes to take to implement the recommendation and, if such measures are to be implemented, the schedule for the implementation; or Section 26(5)(b)(i) full details of the measures, if any, he or she or it has taken or proposes to take to implement the recommendation and, if such measures are to be implemented, the schedule for the implementation; or Section 26(5)(b)(ii) a full explanation as to why no measures shall be taken to implement the recommendation; and Section 26(6) Give notice to the Investigator-In-Charge if at any time any information provided to the Investigator-In-Charge under paragraph (b) concerning the measures he or she or it proposes to take or the schedule for the implementation of the recommendation is rendered inaccurate by any change of circumstances. Section 26(7) A recommendation for preventive action or safety recommendation shall, in no case, create a presumption of liability for an aircraft accident or incident. Section 26(8) Where any safety recommendation has been received by the Aircraft Accident Investigation Department from another State, the Aircraft Accident Investigation Department shall, within ninety days of the date of the transmittal correspondence, notify that State of the preventive action taken or under consideration or the reason(s) as to why no action shall be taken, Provided that the Aircraft Accident Investigation Department may also act on any other proposals for preventive action other than safety recommendations received from another State. Section 26(9) The Aircraft Accident Investigation Department shall establish an implementation procedure system or record responses to the safety recommendations issued to other States, departments, authorities and organizations and assess the degree to which the risks underlying the safety recommendations have been mitigated. Section 26(10) The Aircraft Accident Investigation Department shall implement procedures to monitor the progress of the action taken in response to the safety recommendations received. Section 26(11) The safety recommendations referred to in subregulation (1) may, in addition to safety recommendations arising from accident and incident investigations, result from diverse sources, including safety studies. Section 26(12) Where the Aircraft Accident Investigation Department has addressed safety recommendations to an organization in another State, they shall also be transmitted to that State’s accident investigation authority. Section 26(13) The Aircraft Accident Investigation Department shall inform ICAO of safety recommendations of global concern issued by the Aircraft Accident Investigation Department, as well as the responses received to these recommendations.

Section 27. Accidents and incidents database Section 27(1) The Aircraft Accident Investigation Department shall establish and maintain an accident and incident database to facilitate the effective analysis of information on actual or potential safety deficiencies and to determine any preventive actions required. Provided the accident and incident database established may be included as part of the safety database established and maintained by the State Safety Programme. Section 27(2) The Aircraft Accident Investigation Department may disseminate information received under subregulation (1) to users of the aviation system within and outside Kenya in order to facilitate the free exchange of information on actual and potential safety deficiencies. Section 27(3) The Aircraft Accident Investigation Department shall have access to the accident and incident database referred to in subregulation (1) to support its safety responsibilities under the State Safety Programme.

Section 28. Reopening of investigation Section 28(1) The Aircraft Accident Investigation Department shall re-open an investigation it conducted, where new and significant evidence becomes available after the accident or serious incident investigation has been closed. Section 28(2) The Aircraft Accident Investigation Department may cause the investigation of an incident other than a serious incident to be re-opened if evidence has been disclosed after the completion of the investigation which is considered new and significant or where an aircraft which was considered missing following an official search is subsequently located. Section 28(3) Where the investigation of an accident or a serious incident has been instituted by another Contracting State, the Aircraft Accident Investigation Department shall obtain the consent of that State before causing the investigation to be re-opened under subregulation (1) . Section 28(4) Any investigation which is re-opened shall be carried out in accordance with these Regulations.

Section 29. Exchange of information on accident and incidents Section 29(1) The Aircraft Accident Investigation Department shall, on request from the State conducting the investigation of an accident or an incident, provide that State with all the relevant information available to it. Section 29(2) To facilitate the exchange of information with other States for purposes of an accident or incident investigation, the Aircraft Accident Investigation Department shall cooperate with such States to determine the limitations on disclosure or use that will apply to information before it is exchanged. Section 29(3) Where Kenya is in custody of information pertinent to an accident or incident investigation by virtue of the fact that the aircraft had used Kenyan facilities and services prior to the accident or incident or would normally have used those facilities and services, the Aircraft Accident Investigation Department shall provide such information to the State conducting the investigation. Section 29(4) Where Kenya is the State of Registry or the State of the Operator, the Aircraft Accident Investigation Department shall, on request from the State conducting the investigation, provide pertinent information on any organization whose activities may have directly or indirectly influenced the operation of the aircraft.

Section 30. Coordination with judicial authorities Section 30(1) Any investigation conducted in accordance with the provisions of these Regulations shall be separate from any judicial or administrative proceedings to apportion blame or liability. Section 30(2) The Aircraft Accident Investigation Department shall endeavour to cooperate with judicial authorities so that an investigation is not impeded by administrative or judicial investigations or proceedings. Section 30(3) Cooperation shall be achieved through agreements, procedures and arrangements that may cover access to the site of the accident, preservation of and access to evidence, initial and ongoing debriefings of the status of each process, exchange of information, appropriate use of safety information and resolution of conflicts. Section 30(4) The Aircraft Accident Investigation Department shall ensure coordination between the Investigator-In-Charge and judicial authorities while giving particular attention to evidence which requires prompt recording and analysis for the investigation to be successful, such as the examination and identification of victims and read-outs of flight recorder recordings.

Section 31. Coordination with other institutions Section 31(1) The Aircraft Accident Investigation Department shall take all reasonable measures to ensure that the investigation procedures and practices that it follows in relation to aircraft accidents and incidents are compatible to the degree possible with investigation requirements, procedures and practices followed by other institutions, regulatory authorities, police forces and coroners. Section 31(2)(a) investigation procedures and practices; Section 31(2)(b) requirements for reporting aircraft accidents and incidents; and Section 31(2)(c) procedures to be followed in the event that conflicting interests arise during their activities with respect to aircraft accidents or incidents. Section 31(3) Subject to subregulation 10(2), the Aircraft Accident Investigation Department may investigate aircraft accidents and incidents that involve both State and civil aircraft and facilities, Provided that the Aircraft Accident Investigation Department shall take all reasonable measures to ensure that its investigation activities are coordinated with other ongoing investigations, if any. Section 31(4)(a) notify the Aircraft Accident Investigation Department with particulars of the aircraft accident or incident; and Section 31(4)(b) advise the Aircraft Accident Investigation Department of any investigation that the department plans to conduct and of any remedial measures that the department plans to take.

Section 32. Conflict of interest Section 32(1)(a) be engaged in an aviation undertaking or business; or Section 32(1)(b) have an interest in the manufacture or distribution of aircraft or aircraft equipment or components. Section 32(2) On appointment to the Aircraft Accident Investigation Department, members of the Aircraft Accident Investigation Department shall set aside conflicts of interest detailed in subregulation (1). Section 32(3) During their terms of office, members of the Aircraft Accident Investigation Department shall not accept or hold any office or employment, or carry on any activity inconsistent with the performance of their duties under the Act, these Regulations and the policies of the Aircraft Accident Investigation Department. Section 32(4) The Aircraft Accident Investigation Department experts assigned to participate in an investigation being conducted by the Aircraft Accident Investigation Department shall not be engaged in any duties associated with the civil aviation authority for the duration of their involvement in the investigation.

Section 4. Objective of investigation Section 4(1) The sole objective of the investigation of an accident or incident under these Regulations shall be the prevention of accidents and incidents. Section 4(2) Subject to subregulation (1) , the purpose of such an investigation shall not be to apportion blame or liability.

Section 5. Independence of investigation Section There is an established Aircraft Accident Investigation Department that is independent from the Authority and any other entity that could interfere with the conduct or objectivity of an investigation.

Section 6. Investigation and procedures Section 6(1) Subject to regulation 4 , Kenya shall ensure that any investigations conducted under these Regulations have unrestricted access to all evidential material without delay. Section 6(2)(a) the gathering, recording and analysis of all relevant information and evidence on the accident or incident; Section 6(2)(b) if appropriate, the issuance of safety recommendations; Section 6(2)(c) if possible, the determination of the causes or contributing factors; Section 6(2)(d) in the case of an accident or serious incident, the compilation of the final report; and Section 6(2)(e) the protection of certain accident and incident investigation records. Section 6(3) The format of the final report shall be as specified in the First Schedule to these Regulations, provided that it may be adapted to the circumstances of the accident or incident. Section 6(4) Where feasible, the scene of the accident shall be visited, the wreckage examined and statements taken from witnesses. Section 6(5) The extent of the investigation and the procedure to be followed in carrying out such an investigation shall be determined by the Aircraft Accident Investigation Department depending on the lessons it expects to draw from the investigations for the improvement of safety.

Section 7. Manual on policies and procedures Section 7(1) The Aircraft Accident Investigation Department shall develop a manual on policies and procedures detailing its accident investigation duties. Section 7(2) The manual shall contain information and instructions necessary to enable the investigators to perform their duties including, organization and planning, investigation and reporting. Section 7(3) The manual shall establish policies outlining the types of aircraft accidents or incidents to be investigated by the Aircraft Accident Investigation Department.

Section 8. Protection of evidence, custody and removal of aircraft Section 8(1) The Aircraft Accident Investigation Department shall take all reasonable measures to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of an investigation. Section 8(2) Any person who may be in possession of any item which may constitute evidence for purpose of an investigation under these Regulations shall hold and preserve the same and shall promptly hand them over to the Aircraft Accident Investigation Department. Section 8(3) Protection of evidence shall include the preservation, by photographic or other means of any evidence which might otherwise be removed, effaced, lost or destroyed. Section 8(4) Subject to subregulation (1) , safe custody shall include protection against further damage, access by unauthorized persons, pilfering and deterioration. Section 8(5) The Aircraft Accident Investigation Department, Air Traffic Services, airport operator and the owner, operator or hirer of an aircraft involved in an accident or incident shall retain and not interfere with all records, documents, reports, memoranda and other information pertaining to the aircraft pending collection and review by the Investigator-In-Charge or until authorized otherwise by the Investigator-In-Charge. Section 8(6) If a request is received from the State of Registry, the State of the Operator, the State of Design or the State of Manufacture that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State, the Aircraft Accident Investigation Department shall take all necessary steps to comply with such request, so far as this is reasonably practicable and compatible with the proper conduct of the investigation, Provided that the aircraft may be moved to the extent necessary to extricate persons, animals, mail and valuables, to prevent destruction by fire or other causes, or to eliminate any danger or obstruction to air navigation, to other transport or to the public, and provided that it does not result in undue delay in returning the aircraft to service where this is practicable.

Section 9. Delegation of power by the chief investigator Section 9(1) The Chief Investigator may delegate any of his powers, obligations and responsibilities under these Regulations to the Deputy Chief Investigator, the Investigator-In-Charge or to any other investigator. Section 9(2) The Chief Investigator shall appoint an Investigator-In-Charge for the organization, conduct and control of an investigation into a specific accident or serious incident.

Section 33. Obstruction of investigation Section 33(1) A person shall not obstruct an investigator or any person acting under the authority of the Aircraft Accident Investigation Department or the Chief Investigator in the exercise of any rights, powers or duties under these Regulations. Section 33(2)(a) an Investigator-In-Charge carrying out an investigation under these Regulations; or Section 33(2)(b) any person empowered to exercise the powers of the Investigator-In-Charge under regulation 17(9) . Section 33(3) Subject to subregulation (2) , the onus of proving reasonable cause for failing to comply with summons shall lie on the person relying on such excuse.

Section 34. Non-disclosure of records Section 34(1)(a) cockpit voice recordings and airborne image and audio recordings and any transcripts from such recordings; Section 34(1)(b) all statements taken from persons by the Aircraft Accident Investigation Department in the course of their investigation; Section 34(1)(c) all communications between persons having been involved in the operation of the aircraft; Section 34(1)(d) medical or private information regarding persons involved in the accident or incident; Section 34(1)(e) recordings and transcripts of recordings from air traffic control units; Section 34(1)(f) analysis of and opinions about information, including flight recorder information, made by the Aircraft Accident Investigation Department and accredited representatives in relation to the accident or incident; Section 34(1)(g) the draft Final Report of an accident or incident investigation issued or received; and Section 34(1)(h) any other relevant record(s) obtained or generated in the course of the accident or incident investigation. Section 34(2) The records or parts thereof referred to in subregulation (1) shall be included in the Final Report or its appendices only when pertinent to the analysis of the accident or incident. Section 34(3) The names of the persons involved in an accident or incident shall not be disclosed to the public by the Aircraft Accident Investigation Department. Section 34(4) the Aircraft Accident Investigation Department shall ensure that requests for records in its custody or control are directed to the original source of the information, where available. Section 34(5) the aircraft Accident Investigation Department shall take measures to ensure that audio content of cockpit voice recordings as well as image and audio content of airborne image recordings are not disclosed to the public.

Section 35. Release and disposal of aircraft and wreckage Section 35(1) Subject to the provisions of regulation 8 , the Aircraft Accident Investigation Department shall release custody of an aircraft involved in an accident or incident, its contents, wreckage or any parts thereof as soon as they are no longer required in the investigation, to any person or persons duly designated by the State of Registry or the State of the Operator, as applicable and for this purpose the Aircraft Accident Investigation Department shall facilitate access to the aircraft, its contents or any parts thereof, provided that, if the aircraft, its contents, or any parts thereof lie in an area within which the Aircraft Accident Investigation Department finds it impracticable to grant such access, it shall itself effect removal to a point where access can be given. Section 35(2)(a) the owner of the aircraft, parts, wreckage or contents; Section 35(2)(b) where the owner is deceased his personal representative; or Section 35(2)(c) a person authorised in writing by the owner or his personal representative to take custody on behalf of the owner or the owner’s personal representative. Section 35(3) The Investigator-In-Charge shall, where he intends to release aircraft wreckage, issue a notice to persons referred to in subregulation (1), or where such persons cannot be traced, by publishing such notice in at least two national daily newspapers in the State of Occurrence giving details of the aircraft wreckage and specifying the period during which it should be removed, Provided that persons to whom the notice has been issued may, before the expiry of the notice and for good cause, apply in writing to the Investigator-In-Charge for an extension of the period within which the wreckage may be removed. Section 35(4) Where a person to whom custody of the aircraft, parts, wreckage or contents is to be released fails to take custody within the period specified in the notice, the aircraft, parts, wreckage or contents may be disposed of in such manner as the Investigator-In-Charge considers fit. Section 35(5) The expenses incurred by the Investigator-In-Charge in disposing of the aircraft, parts, wreckage or contents shall be recoverable from the owner or operator of the aircraft or both.

Section 36. Return and disposal of records Section 36(1) The Investigator-In-Charge shall, after the completion of the investigation or at any time determined by the Investigator-In-Charge, return the aircraft records or any documents containing factual information concerning an accident or incident to the persons from whom they were obtained, unless they are still required for judicial proceedings or other proceedings. Section 36(2) The records and information referred to in subregulation (1) not claimed by or returned to the persons from whom they were obtained, may be disposed of in any manner that the Investigator-In-Charge considers fit after a period of two years. Section 36(3) The Aircraft Accident Investigation Department should retain, where possible, only copies of records obtained in the course of an investigation.

Section 37. Penalties Section 37(1) A person who contravenes any provision of these Regulations, orders or notices made there-under commits an offence and shall, upon conviction, be liable to a fine or imprisonment or both, and in the case of a continuing contravention, each day of the contravention shall constitute a separate offence. Section 37(2) Any person who has been convicted under subregulation (1) shall be liable to a fine of not more than one million shillings or to imprisonment for a term not more than six months or to both, and in a case of a continuing offence shall be liable to a fine of not more than fifty thousand shillings for each day the offence continues. Section 37(3) Where it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders or notices made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.

Section 38. Revocation and SavingLN No.89 of 2018. Section 38(1) The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2018, are hereby revoked. Section 38(2) Notwithstanding subregulation (1) any investigation, review or inquiry commenced under those regulations shall be continued as if they were instituted under these Regulations. Section 38(3) Regulation 3(1)(b) shall be deemed to have commenced on the 26th November, 2024, while regulation 18(3) shall be deemed to have commenced on the 28th November, 2024.