ADVOKS GLOBAL · KENYA
Civil Aviation Act
20. Responsibilities and powers of the Director-General
Edition: 2024-04-26 · In force
20. Responsibilities and powers of the Director-General
(1)The Director-General shall be responsible to the Board for the day to day management of the Authority and shall be responsible for the exercise of all powers and the discharge of all functions of the Authority and shall have control over all personnel and activities of the Authority.(2)The Director-General shall exercise such powers as are necessary for the performance of the functions of the Authority to enable the objectives, implementation and applications of the regulations made under this Act and in particular, but without prejudice to the generality of the foregoing, the Director-General shall have power to—(a)inspect, board, or detain an aircraft if serious safety and security concerns are identified or recall an aircraft in flight and search such aircraft during routine inspections or where he or she has reasonable grounds to suspect that the aircraft is being used in contravention of this Act or any regulations made thereunder or that it contains any matter which may be used as evidence in respect of an offence under this Act or the regulations;(b)ensure that the provisions of this Act and any rules and regulations made thereunder are complied with to the extent necessary in the interest of aviation;(c)encourage and foster the safe development of civil aviation in Kenya;(d)plan, develop and formulate safe, secure and efficient utilization of the Kenya airspace;(e)acquire, establish and improve air navigation facilities where necessary within the limits of available appropriation;(f)establish a school or schools for the purpose of offering instruction and training in matters related to the aviation industry;(g)promulgate rules and procedures governing the notification and reporting of accidents and incidents involving aircraft so as to facilitate investigations;(h)use, with their consent the available services, equipment and facilities of other agencies and to co-operate with those agencies in the establishment, and use of services, equipment and facilities of the Authority;(i)monitor the deployment and utilization of the movable and immovable property of the Authority;(j)prepare the annual report and financial statement of the Authority;(k)implement, co-ordinate and supervise the defined activities related to the management of aviation safety and aviation security as the accountable executives of the State Safety Programme and the National Civil Aviation Security Programme; and(l)assess and audit the performance standards of the State Safety Programme functions of other State aviation agencies identified by the Cabinet Secretary, to ensure that the State Safety Programme is performing effectively as required.(3)Without limiting the powers of the Director-General as provided for under subsections (1) and (2) of this section, the Director-General-(a)shall exercise the powers and duties of the Authority specified under section 7 of this Act;(b)shall establish a safety oversight system which shall be implemented in accordance with-(i)the provisions of this Act and Regulations made thereunder;(ii)the State system and functions of the Authority;(iii)technical guidance of qualified technical personnel, tools and provision of safety-critical information;(iv)licensing, certification, authorization or approval obligations;(v)surveillance obligations;(vi)the resolution of safety concerns;(c)shall search any aircraft for compliance with documents stipulated under the Chicago Convention;(d)shall prohibit an aircraft from flying until an unsafe condition is rectified;(e)shall prohibit a person from exercising the privileges of any aviation document;(f)shall suspend, revoke or vary the privileges of any aviation document or any other authorisation issued by the Authority;(g)shall impose operating restrictions and sanctions on the operators or holders of aviation documents in the event of non-compliances with approval, licensing and certification requirements or unresolved safety and security deficiencies or concerns;(h)shall determine the technical and financial capability of a prospective operator to conduct the proposed operations;(i)shall, where he or she believes on reasonable grounds that an unsafe condition exists in any aircraft or aeronautical product and may, by notice in writing, issue an airworthiness directive in respect of aircraft or aeronautical products, as the case may be, of that design; and(j)may prohibit a foreign registered aircraft from flying if a major defect or damage is found whilst within Kenya.