Kenya Airports Authority Act

Section 1. Short title Section This Act may be cited as the Kenya Airports Authority Act.

Section 2. Interpretation Section communication services, whether ground to air or ground to ground, provided for the safety of aircraft;

Section 3. Establishment and incorporation of the Kenya Airports Authority Section 3(1) There shall be established an Authority to be known as the Kenya Airports Authority. Section 3(2) The Authority shall be a body corporate with perpetual succession and a common seal and shall have capacity in its corporate name to sue and be sued and to acquire, hold and dispose of movable and immovable property for the purposes of this Act.

Section 4. Transfer of Government property to the Authority Section 4(1) Subject to subsection (2), the Cabinet Secretary may, by order published in the Gazette , transfer to the Authority any property belonging to the Government which appears to him to be necessary or useful to the Authority for the performance of its functions under this Act, which property shall vest in the Authority by virtue of the order without further assurance. Section 4(2) An order under subsection (1) may contain such incidental, consequential, or supplemental provisions as the Cabinet Secretary thinks necessary or expedient.

Section 5. Board of Directors Section 5(1)(a) a Chairperson who shall be appointed by the President; Section 5(1)(b) the managing director; Section 5(1)(c) the Principal Secretary of the Ministry for the time being responsible for matters relating to the Authority or his representative; Section 5(1)(d) the Principal Secretary to the National Treasury or his representative; Section 5(1)(e) the Principal Secretary of the Ministry for the time being responsible for transport and communications or his representative; Section 5(1)(f) not more than five other members not being public officers or employees of the Authority, to be appointed by the Cabinet Secretary by virtue of their knowledge of civil aviation, aerodromes management and operation or of commerce, industry, finance or administration generally. Section 5(2) The quorum at meetings of the Board shall be four members. [Act No. 18 of 2014 , Sch.]

Section 6. Managing director Section There shall be a managing director of the Authority who shall be appointed by the Cabinet Secretary after consultation with the Board and whose terms and conditions of service shall be determined by the Cabinet Secretary in the instrument of appointment or otherwise in writing from time to time.

Section 7. Remuneration Section The Authority shall pay to the directors such remuneration, fees or allowances for expenses as may be determined by the Cabinet Secretary after consultation with the Cabinet Secretary for the time being responsible for finance.

Section 8. General duty of the Board Section 8(1)(a) provide by means of undertakings of the Authority, a co-ordinated system of aerodromes and facilities relating thereto; Section 8(1)(b) administer, control and manage aerodromes and any other property vested in it under this Act; Section 8(1)(c) provide, develop and maintain such services and facilities as are in its opinion necessary or desirable for the efficient operation of aircraft, excluding air navigational aids other than visual aids to navigation except with the consent of the Cabinet Secretary; Section 8(1)(d) provide rescue and fire fighting equipment and services at aerodromes; and Section 8(1)(e) approve the establishment of private airstrips and control the operations thereof. Section 8(2)(a) construct, alter or maintain buildings at aerodromes or elsewhere; Section 8(2)(b) value land and property for the purposes of the Authority; Section 8(2)(c) purchase land or buildings; Section 8(2)(d) grant on such terms and conditions as the Authority deems fit, authority to carry on any trade or business at aerodromes; and Section 8(2)(e) carry on such activities as appear to it advantageous, necessary or desirable for or in...

Section 9. Management of the Authority Section Subject to this Act, the control and executive management of the Authority shall vest in the managing director.

Section 10. Powers of the Board Section determine the provisions to be made for capital and recurrent expenditure, reserves and dividends during each financial year;

Section 11. Powers of the Cabinet Secretary Section give directions of a general nature to the Board relating to the operation of the undertakings of the Authority;

Section 12. Powers of the Authority Section 12(1)(a) to construct, operate and maintain aerodromes and other related facilities; Section 12(1)(b) to construct or maintain aerodromes on an agency basis on the request of any Government department; and Section 12(1)(c) to provide such other amenities or facilities for passengers and other persons making use of the services or the facilities provided by the Authority as may appear to the Board necessary or desirable. Section 12(2) Subject to this Act, the Authority shall, in addition to the powers specified in subsection (1), have such other powers as may be necessary for the performance of its functions under this Act. Section 12(3)(a) construct any other necessary or desirable works required for the purposes of the Authority; Section 12(3)(b) control the construction and use of prescribed aerodromes; Section 12(3)(c) carry on any business that may be necessary or desirable for the purposes of the Authority and act as agent for the Government in the provision of any agreed functions; Section 12(3)(d) acquire, construct, manufacture, maintain or repair any works, plants or apparatus necessary or desirable for the purposes of the Author...

Section 13. Acquisition of land for purposes of the Authority Section 13(1)(a) if such land is not public land, acquire such land through negotiation and agreement with the registered owner thereof: Provided that notwithstanding the provisions of section 6 of the Land Control Act ( Cap. 302 ), the ensuing transaction shall not require the consent of a land control board if the land to be acquired is agricultural land; or Section 13(1)(b) if such land is public land or if the Authority is unable to acquire it by agreement in accordance with paragraph (a) notify the Cabinet Secretary responsible for public lands that the land specified in the notice is required for the purposes of the Authority. Section 13(2)(a) if the land is public land, the Cabinet Secretary responsible for lands may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Authority to be utilised for the purposes of the Authority; or Section 13(2)(b) if the land is not public land, any provision in any written law which empowers the President or the Cabinet Secretary responsible for lands to acquire or direct the acquisition of such land for any specific pu...

Section 14. Powers to enter land to survey,etc. Section 14(1)(a) to survey such land or any portion thereof; or Section 14(1)(b) to remove or cause to be removed any obstruction, materials, structures or buildings including slaughterhouses which are likely to attract birds that may be hazardous to aircraft operations. Section 14(2) Any costs incurred by the Authority in pursuance of the provisions of subsection (1)(b) shall be wholly recoverable from the person responsible for such obstructions, materials, structures or buildings. Section 14(3) Where any damage to land is occasioned by reason of the exercise of the powers conferred by subsection (1)(a), the owner or occupier of the land shall be entitled to compensation in accordance with this Act.

Section 15. Power to enter land to prevent accidents,etc. Section 15(1)(a) cut down or remove any tree or other obstruction, not being a building; or Section 15(1)(b) execute such other works as may be necessary to prevent the occurrence of any accident or to repair any damage caused as a result of any accident. Section 15(2) If any tree or other obstruction cut down or removed under subsection (1) (a) came into existence subsequent to the construction of any aerodromes or to the service being provided thereafter, no compensation shall be payable in respect of such entry or the cutting down or removal of such tree or other obstruction. Section 15(3) Where any person erects any building which in any way interferes with the operation of any service provided by the Authority under this Act, the Authority may, unless such person has previously obtained the approval of the managing director to the erection of such building, or has modified it to the satisfaction of the managing director, apply to the High Court for an order for the demolition or modification of such building, or, as the case may require, for the payment to the Authority of the cost incurred in the resetting or replaceme...

Section 16. Power to enter and to alter position of pipes,etc. Section 16(1) Subject to this section, the Authority or any authorized employee may, for the purposes of the Authority enter upon any land and alter the position of any pipe, electric, telephone or telegraphic wire. Section 16(2)(a) such Authority or person may authorize a representative to superintend such work and may require the Authority to execute such work to the satisfaction of that representative; and Section 16(2)(b) the Authority shall make arrangements for the maintenance of the supply of gas, oil, water, compressed air, or electricity for the continuance of the drainage, as the case may be, during the execution of such work. Section 16(3) Where any damage is caused by reason of the exercise of the powers conferred by this section, the person suffering such damage shall be entitled to compensation in accordance with this Act.

Section 17. Power to take water Section The Authority may, for its purposes, take water from any natural watercourse subject to the approval of the Cabinet Secretary responsible for water development and to any law regulating the taking of any such water.

Section 17A. Establishment of Fund Section There is established a Fund to be known as the Kenya Airports Authority Fund (hereinafter referred to as "the Fund"). [Act No. 8 of 2009 , s. 37.]

Section 17B. Sources of Fund Section all proceeds from the charge collected under the Air Passenger Service Charge Act ( Cap. 475 );

Section 17C. Payments out of the Fund Section any expenditure incurred by the Authority in the exercise of its powers under this Act; and

Section 18. Principles of operation Section 18(1) It shall be the duty of the Authority to conduct its business in accordance with sound commercial principles. Section 18(2) In the performance of its functions, the Authority shall ensure that taking one year with another, its gross revenue is not less than sufficient to meet those outgoings properly chargeable to its revenue and provision in respect of depreciation of capital assets, pension liabilities, interest and other provision for the repayment of loans. Section 18(3) The Authority shall further ensure that taking one year with another, its net operating income is not less than that sufficient to secure an annual return on the value of the net fixed assets in operation by the Authority of such a percentage as the Cabinet Secretary may, from time to time, direct. Section 18(4)(a) "net operating income" shall be determined by subtracting from gross operating revenue all operating and administrative expenses including adequate provision for maintenance and depreciation but excluding interest and other charges on debt; Section 18(4)(b) "value of the net fixed assets in operation" shall be the gross value of such assets less the a...

Section 19. Borrowing powers Section 19(1) The Authority may borrow money by the issue of loan stock on such terms as may be approved by the Cabinet Secretary responsible for finance. Section 19(2) The Authority may borrow money or obtain credit in Kenya or abroad for its purposes with the concurrence of and subject to such limitations as may be imposed by the Cabinet Secretary responsible for finance. Section 19(3) Such stock issued under subsection (1), and such monies borrowed or credit obtained under subsection (2), as the Cabinet Secretary responsible for finance shall approve for the purposes of this subsection, and all interest and other charges payable in respect of such stock, money or credit, shall, unless the instrument or note evidencing or supporting such borrowing shall otherwise provide, be charged upon all the property, undertaking and revenue of the Authority by operation of this section and without further charge or instrument. Section 19(4) Any stock issued by the Aerodromes Department which, by virtue of an order made under subsection (3) of section 41 , becomes the liability of the Authority shall, subject to the terms of such order, be deemed to be stock issue...

Section 20. Records and submission of accounts of the Authority Section 20(1) It shall be the duty of the Board to ensure that proper accounts and other records are kept in respect of the revenue and expenditure of the Authority. Section 20(2)(a) a balance sheet showing in detail the assets and liabilities of the Authority at the end of the financial year; Section 20(2)(b) the trading and profit and loss accounts or statements of income where these are appropriate to the business or functions of the Authority; and Section 20(2)(c) other statements or accounts as may be necessary to fully disclose the undertakings, assets, liabilities, trading profits or loss and discharge of the functions of the Authority. Section 20(3) On receipt of the accounts specified under subsection (2) the Auditor-General shall cause them to be examined and audited and shall, within a period of seven months, or such longer period as the Cabinet Secretary may, after the end of the financial year to which the accounts relate, certify in respect of each account the result of the examination and audit and shall within that period prepare and submit to the Cabinet Secretary a report upon the examination and audi...

Section 21. Annual report and financial year of the Authority Section 21(1) The Board shall, within nine months after the end of each financial year prepare a report of the operation of the Authority during that year and shall transmit such report to the Cabinet Secretary who shall cause it to be presented to the National Assembly together with the report of the Auditor-General and certified copies of the accounts referred to in section 20 . Section 21(2) The financial year of the Authority shall be the period of twelve months ending on the 30th June in each year.

Section 22. Major offences Section does any act which obstructs or is likely to obstruct the working of any equipment or vehicle of the Authority used in the operation of an aerodrome and which endangers or is likely to endanger the life of any person therein; or

Section 23. Minor offences Section is found during the hours of darkness on any premises occupied by the Authority; or

Section 24. False returns Section Any person who makes, either knowingly or recklessly, any statement which is false in any material particular in any return, claim or other document which is required or authorized to be made for the purpose of the Authority under this Act, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding three months or to both.

Section 25. Employee endangering safety Section by contravening any of the provisions of this Act; or

Section 26. Employee demanding improper amount Section Any employee who, with intent to defraud, demands, solicits or receives from any person making use of the facilities provided by the Authority, any greater or lesser amount than he should demand or receive, or any other thing of value shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twelve months or to both.

Section 27. Arrest of employee Section 27(1)(a) request the officer in charge of such aerodrome to relieve such employee from his duties as soon as practicable; and Section 27(1)(b) refrain from arresting such employee until he is so relieved and take all necessary steps to ensure that such employee does not escape. Section 27(2) Where any request is made to the officer in charge of an aerodrome under this section, it shall be his duty to relieve the employee in respect of whom the request is made with the least possible delay.

Section 28. Powers of authorized employee Section 28(1) Any person who commits any offence mentioned in section 23 , 24 or 26 may be arrested without warrant by any authorized employee or police officer and shall thereupon, with the least possible delay, be taken before a magistrate having jurisdiction to try him or to commit him for trial. Section 28(2)(a) there is reason to believe that such person will abscond; or Section 28(2)(b) he refuses on demand to give his name and address; or Section 28(2)(c) there is reason to believe that the name or address given by him is incorrect, and shall thereupon, with the least possible delay, be taken before a magistrate having jurisdiction to try him or commit him for trial. Section 28(3) Any person who commits any of the offences set out in section 24 may be required by any authorized employee or police officer to leave the premises occupied by the Authority, as the case may be, in which such person is at the time of the commission of the offence and to remove any goods therefrom; and if such person fails to comply with such requirement he or such goods may be removed therefrom with force as may be reasonable necessary in the circumstances.

Section 29. Appointment of staff Section 29(1) The Board shall, subject to this Act, have power to appoint on such terms and conditions of service as it may determine such employees as may be necessary for its efficient working, and the Board shall exercise disciplinary control over such employees. Section 29(2) The managing director may, by notice in writing, authorize any employee appointed under this section to maintain order upon any premises occupied by the Authority, or in any aerodrome of the Authority, and any employee so authorized shall, in the performance of any such duty, have all the powers, rights and privileges of a police officer.

Section 30. Property in custody of employee Section 30(1) Where any employee dies or leaves the service of the Authority and at the time of such death or termination of service, any property of the Authority was in his possession or custody or any premises of the Authority were occupied by him, it shall be the duty of such employee or in the event of his death, of the person in whose possession such property may be or who may be occupying such premises, as soon as practicable to deliver such property to the Authority or to vacate such premises, as the case may be. Section 30(2) If any property or premises to which subsection (1) applies is not delivered to the Authority or vacated, as the case may be, the managing director shall give notice in writing to the person appearing to him most likely to be in possession of the property or in occupation of the premises to deliver the property or vacate the premises of the Authority within such time as may be specified in the notice; and if the property is not delivered or the premises are not so vacated within that time, the managing director may, without prejudice to any other means of recovery, apply to a magistrate for an order empoweri...

Section 31. Regulations relating to staff

Section 32. Delegation and signification Section 32(1) The Board and the managing director may delegate, but not including this present power of delegation, to any person any of the powers vested in them under this Act and may grant to any person powers of attorney. Section 32(2) Any act or decision, or notification thereof, of the Board or the managing director under this Act may be signified under the hand of an employee authorized for that purpose.

Section 33. Compensation Section 33(1) In the exercise of the powers conferred by sections 12 , 14 , 15 and 16 , the Authority shall do as little damage as possible; and, where any person suffers damage no action or suit shall lie but he shall be entitled to such compensation therefor as may be agreed between him and the Authority or, in default of agreement, as may be determined by a single arbitrator appointed by the Registrar of the Nairobi Centre for International Arbitration established under the Nairobi Centre for International Arbitration Act (Cap. 49A). Section 33(2)(a) for any damage suffered unless he would have been entitled thereto otherwise than under this section; or Section 33(2)(b) for any damage suffered as a result of the user of any works authorized under this Act unless such damage results from negligence in such user.

Section 34. Limitation Section the action or legal proceedings shall not be commenced against the Authority until at least one month after written notice containing the particulars of the claim, and of intention to commence the action or legal proceedings, has been served upon the managing director by the plaintiff or his agent;

Section 35. Restriction in execution against property of Authority Section where any judgment or order has been obtained against the Authority, no execution or attachment, or process in the nature thereof, shall be issued against the immovable property of the Authority or any of its vehicles, vessels, aircraft or its other operating equipment, machinery, fixtures or fittings; but the managing director shall cause to be paid out of the revenue of the Authority such amount as may, by the judgment or order, be awarded against the Authority to the person entitled thereto;

Section 36. Medical examination of person claiming compensation Section Whenever any person claims compensation against the Authority in respect of any injury alleged to be suffered by him as a result of the operations of the Authority, any court or person having by law, or consent of the parties, authority to determine the claim may order that the person injured be examined by a medical practitioner named in the order and may also make such order with respect to the cost of the examination as may be thought fit.

Section 37. Service of notice,etc., on the managing director Section by delivery of the notice or document to the managing director or to any authorized employee; or

Section 38. Service of notice by the managing director

Section 39. Regulations Section 39(1)(a) the safety of aircraft, vehicles and persons using any such aerodrome and preventing danger to the public arising from the use and operation of the aerodrome; Section 39(1)(b) preventing or minimizing obstruction within the aerodrome; Section 39(1)(c) the preservation of order within aerodrome and preventing damage to property therein; Section 39(1)(d) the regulation or restriction of advertising within the aerodrome; Section 39(1)(e) the regulation, promotion or restriction of movement of persons entering or leaving an aerodrome; Section 39(1)(f) the presence of persons or classes of persons; Section 39(1)(f)(i) the presence of persons or classes of persons; Section 39(1)(f)(ii) the presence of animals or classes of animals; Section 39(1)(f)(iii) the use of vehicles of any class or description; and Section 39(1)(f)(iv) the doing of acts which might endanger any property or person; Section 39(1)(g) the regulation of vehicular traffic within an aerodrome and in particular, the imposition of speed limits on vehicles therein; Section 39(1)(h) the appointment and regulation of the conditions for use, of parking places for motor vehicles within a...

Section 42. Recovery of debts Section All debts owed to the Authority under this Act shall be recoverable summarily.