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...

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 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 Depa...

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...

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 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 doe...

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...

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...

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 recommendation...

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 i...

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 particip...

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 t...

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...

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 necessar...

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...

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 ex...

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...

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 p...

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 Invest...

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 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...

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 Investiga...

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.