ADVOKS GLOBAL · KENYA
Protection of Aircraft Act
8. Powers of commanders.
Edition: 2022-12-31 · In force
8. Powers of commanders.
(1)The provisions of subsections (2) to (5) of this edition shall have effect for the purposes of any proceedings before any court in Kenya.(2)If the commander of an aircraft in flight, wherever that aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft—(a)that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardizes or may jeopardize—(i)the safety of the aircraft or of persons or property on board the aircraft; or(ii)good order and discipline on board the aircraft; or(b)that the person in question has done, on board the aircraft while in flight, any act which, in the opinion of the commander, is a serious offence under any law in force in the country in which the aircraft is registered, then, subject to subsection (4) of this section, the commander may take with respect to that person such reasonable measures, including restraint of his person, as may be necessary—(i)to protect the safety of the aircraft or of persons or property on board the aircraft; or(ii)to maintain good order or discipline on board the aircraft; or(iii)to enable the commander to disembark or deliver that person in accordance with subsection (5) of this section, and for the purposes of paragraph (b) of this subsection any Kenya-controlled aircraft shall be deemed to be registered in Kenya whether or not it is in fact so registered and whether or not it is in fact registered in some other country.(3)Any member of the crew of an aircraft and any other person on board the aircraft may, at the request or with the authority of the commander of the aircraft, and any such member shall if so required by the commander, render any assistance in restraining any person whom the commander is entitled to restrain under subsection (2) of this section, and at any time when the aircraft is in flight any such member or other person may, without obtaining the authority of the commander, take with respect to any person on board the aircraft any measures mentioned in the said subsection which he has reasonable grounds to believe are necessary to protect the safety of the aircraft or of persons or property on board the aircraft.(4)Any restraint imposed on any person on board an aircraft under the powers conferred by this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before, or as soon as is reasonably practicable after that time the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint, and of the reasons therefor, to be sent to the appropriate authority of the country in which the aircraft so ceases to be in flight, but subject to such notification such restraint may be continued after that time—(a)for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent of the appropriate authorities to disembark or deliver the person under restraint in accordance with subsection (5) of this section; or(b)if the person under restraint agrees to continue his journey under restraint on board that aircraft.(5)The commander of an aircraft—(a)if in the case of any person on board the aircraft he has reasonable grounds—(i)to believe as mentioned in paragraph (a) of subsection (2) of this section; and(ii)to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to maintain good order and discipline on board the aircraft,he may disembark that person in any country in which that aircraft may be; and(b)in the case of any person on board the aircraft he has reasonable grounds to believe as mentioned in paragraph (b) of subsection (2) of this section, may deliver that person—(i)in Kenya, to a police officer or immigration officer; or(ii)in any other country which is a Convention country, to an officer having functions corresponding to the functions in Kenya either of a police officer or of an immigration officer.(6)The commander of an aircraft—(a)if he disembarks any person in pursuance of paragraph (a) of subsection (5) of this section, in the case of a Kenya-controlled aircraft, in any country or, in the case of any other aircraft, in Kenya, shall report the fact of, and the reasons for, that disembarkation to—(i)an appropriate authority in the country of disembarkation; and(ii)the appropriate diplomatic or consular office of the country of nationality of that person;(b)if he intends to deliver any person in accordance with paragraph (b) of subsection (5) of this section in Kenya or, in the case of a Kenya- controlled aircraft, in any other country which is a Convention country, shall, before or as soon as reasonably practicable after landing, give notice of his intention and of the reasons therefor—(i)where the country in question is Kenya, to a police officer or an immigration officer or, in the case of any other country, to an officer having functions corresponding to the functions in Kenya of a police officer or of an immigration officer; and(ii)in either case to the appropriate diplomatic or consular office of the country of nationality of that person,and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this subsection shall be guilty of an offence and liable to a fine not exceeding two thousand shillings.