Kenyan legislation

International Interests in Aircraft Equipment Act

Edition: 2022-12-31 · In force

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1. Short title

This Act may be cited as the International Interests in Aircraft Equipment Act.

2. Interpretation

(1)In this Act, unless the context otherwise requires—"aircraft objects" has the meaning assigned to it in Article 1(2) of the Protocol;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to civil aviation;"Convention" means the Convention on International Interests in Mobile Equipment signed in Cape Town on the 16 November, 2001;"Declarations" means the declarations or subsequent declarations made by Kenya under the Convention or the Protocol; and"Protocol" means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment signed at Cape Town on the 16 November, 2001.

(2)Terms and expressions used in this Act which are also used in the Convention or the Protocol shall have the meaning assigned to them in the Convention or the Protocol.

(3)Despite subsection (1), until after the first elections under the Constitution, references in this Act to the expression "Cabinet Secretary" shall be construed to mean "Minister".

3. Purpose and object of this Act

The purpose and object of this Act is to give effect and the force of law to the provisions of—

(a)the Convention as set out in the First Schedule; and

(b)the Protocol to the Convention as set out in the Second Schedule to this Act.

4. Convention and protocol to have force of law

For the purposes of this Act, the provisions of the Convention and the Protocol shall have the force of law to the extent that they apply to aircraft objects and as specified in the Declarations provided for under the Third Schedule.

5. Supersession

This Act shall prevail in case of any inconsistency between this Act and any other law with respect to international interests in aircraft objects.

6. Jurisdiction of the High Court

The High Court shall have jurisdiction in respect of—

(a)any claim brought under the Convention or the Protocol;

(b)the grant of relief;

(c)the award of damages; or

(d)any other matter provided for under the Convention or the Protocol.

7. Appeals to the Court of Appeal

A person aggrieved by a decision or order of the High Court may appeal against the decision or order to the Court of Appeal.

8. Exemptions from the provisions of the Companies Act

The provisions of section 96(2) of the Companies Act (Cap. 486) shall not apply to a charge created after the commencement of this Act on any aircraft objects falling within the scope of the Convention and the Protocol.

9. Exemptions from the provisions of the Chattels Transfer Act

(1)The provisions of the Chattels Transfer Act (Cap. 28) (Repealed) shall not apply to an instrument created after the commencement of this Act on any aircraft objects falling within the scope of the Convention and the Protocol.

(2)For the purposes of this section, an instrument has the meaning assigned to it in section 2 of the Chattels Transfer Act.

10. Powers to amend the Schedules

The Cabinet Secretary may, by order published in the Gazette, amend—

(a)the First and the Second Schedules to reflect any changes made to the Convention or the Protocol where those changes are binding on Kenya; or

(b)the Third Schedule to specify any new Declarations made or withdrawn in accordance with the Convention or the Protocol after the commencement of this Act and the date on which such new Declarations or withdrawal of Declarations takes effect.

11. Regulations

The Cabinet Secretary may make such regulations as are necessary or expedient for carrying out the purpose and object of this Act.

Source: Kenya Law · Imported 4 October 2026