ADVOKS GLOBAL · KENYA
Protection of Aircraft Act
2. Interpretation, etc.
Edition: 2022-12-31 · In force
2. Interpretation, etc.
(1)In this Act, unless the context otherwise requires—"aircraft" means any aircraft, whether or not a Kenya-controlled aircraft, other than—(a)a military aircraft; or(b)an aircraft which, not being a military aircraft, belongs to, or is exclusively employed in the service of, the Government;"commander", in relation to an aircraft, means the member of the crew designated as commander of that aircraft by the operator thereof, or, failing such a member, the person who is for the time being the pilot in command of the aircraft;"Convention country" means a country in which the Tokyo, Montreal and Hague Conventions are for the time being in force;"Hague Convention" means the Convention for the Suppression of Unlawful Seizure of Aircraft done at the Hague on 16th December, 1970;"Kenya-controlled aircraft" means an aircraft—(a)which is for the time being registered in Kenya; or(b)which is not for the time being registered in any country but of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements—(i)that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in Kenya; and(ii)that he resides or has his principal place of business in Kenya; or(c)which, being for the time being registered in some other country, is for time being chartered by demise to a person who, or to persons each of whom, satisfies the said requirements;"military aircraft" means—(a)an aircraft of the naval, military or air forces of any country; or(b)any other aircraft which is treated as a military aircraft under any written law for the time being in force relating to civil aviation;"Minister" deleted by Act No. 11 of 1981, s. 4;"Montreal Convention" means the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation done at Montreal on the 23rd September, 1971;"operator", in relation to any aircraft at any particular time, means the person who at that time has the management of that aircraft;"pilot in command", in relation to an aircraft, means a person who, for the time being, is in charge of the piloting of that aircraft, without being under the direction of any other pilot in the aircraft;"Tokyo Convention" means the Convention on Offences and certain other Acts committed on board Aircraft signed at Tokyo on 14th September, 1963.(2)For the purposes of this Act—(a)the period during which an aircraft is in flight shall be deemed to include any period from the moment when all its external doors are closed following embarkation until the moment when any of the doors is opened for disembarkation, and, in the case of a forced landing, any period until the competent authorities take over responsibilities for the aircraft and for persons and property on board;(b)the period during which an aircraft is in service shall be deemed to include the period from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until 24 hours after any landing and the period of service shall, in any event, extend for the entire period which the aircraft is in flight as defined in paragraph (a).(3)In this Act, unless the context otherwise requires, any reference to a country or the territorial limits thereof shall be construed as including a reference to the territorial waters, if any, of that country.(4)If the Cabinet Secretary is satisfied that the requirements of Article 18 of the Tokyo Convention, Article 5 of the Hague Convention and Article 9 of the Montreal Convention have been satisfied (which Articles make provision as to the country which is to be treated as the country of registration of certain aircraft operated by joint air transport organizations or international operating agencies established by two or more Convention countries) the Cabinet Secretary may, by order, provide that, for the purposes of this Act, such aircraft as may be specified in the order shall be treated as registered in such Convention country as may be so specified.(5)Notwithstanding the definition of "aircraft" in subsection (1) of his section, the Cabinet Secretary may, by order, provide that any of the provisions of this Act shall apply, with or without modifications, to aircraft such as are mentioned in paragraph (b) of that definition.