ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
10. Obligation to investigate
Edition: 2025-01-31 · In force
10. Obligation to investigate
(1)Subject to regulation (6), the Aircraft Accident Investigation Department shall institute an investigation into an accident or serious incident and be responsible for its conduct in the following circumstances—(a)where the accident or serious incident occurs in Kenya;(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;(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;(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;(e)where the State of Occurrence does not institute and conduct an investigation and does not delegate the investigation to another State or to a regional accident and incident investigation organization, and Kenya is the State of Registry or the State of the Operator, the Aircraft Accident Investigation Department is entitled to request, in writing, the State of Occurrence to delegate the conducting of such investigation;(f)subject to subregulation (1)(e), provided that if the State of occurrence gives express consent or does not reply to such a request within thirty days, Kenya shall institute and conduct the investigation with such information as is available.(2)In the event of an accident or serious incident involving a civilian aircraft and a military or State aircraft, investigation shall be conducted in accordance with the provisions of these Regulations, with the military or the State being a party to the investigation.(3)The Chief Investigator may when he expects to draw air safety lessons from it, cause an investigation to be carried out into an incident which occurs —(b)outside Kenya involving a Kenya aircraft or an aircraft operated by a Kenya operator.(4)The Chief Investigator may designate himself or herself or any other investigator as the Investigator-In-Charge for the purpose of carrying out the investigations referred to in subregulation (1) or (2).(5)The Chief Investigator may, in consultation with the Investigator-In-Charge, appoint any person as an adviser to assist in carrying out an investigation under these Regulations.(6)In any case where the Chief Investigator is of the view that more than one investigator is needed to effectively carry out an investigation, he or she may appoint more investigators, one of whom shall be designated Deputy Investigator-In-Charge, to assist the Investigator-In-Charge.(7)The Aircraft Accident Investigation Department may delegate the whole of an investigation into an accident or serious incident to another State or to a regional accident and incident investigation organization by the formal agreement and such State or RegionalAccident Investigation Organization shall be responsible for the conduct of the investigation, including the issuance of the final report and the ADREP reporting.(8)Where the Aircraft Accident Investigation Department delegates any part of an investigation into an accident or serious incident to another State or to a regional accident and incident investigation organization, by mutual arrangement and consent the Aircraft Accident Investigation Department shall be responsible for the conduct of the investigation, including the issuance of the final report and the ADREP reporting.(9)Where the Chief Investigator believes that it would be desirable for public notice to be given that an investigation is taking place, he or she may do so in such manner as he or she may deem fit.(10)The notice referred to in subregulation (8) may, if the Chief Investigator thinks it appropriate, state that any person who desires to make representations concerning the circumstances or causes of the accident or incident may do so orally or in writing within a time to be specified in the notice.(11)Where Kenya is the State nearest to the scene of an accident in international waters, the Aircraft Accident Investigation Department shall, in collaboration with other authorities, provide such assistance as it may be able and shall, likewise, respond to requests by the State of Registry.(12)Where the State of Registry is a non-Contracting State which does not intend to conduct an investigation in accordance with Annex 13 and Kenya is the State of the Operator or, the State of Design or the State of Manufacture, Aircraft Accident Investigation Department shall endeavour to institute and conduct the investigation.(13)The Aircraft Accident Investigation Department may institute an investigation involving unmanned aircraft where an accident or serious incident occurs in Kenya and be responsible for its conduct.