ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
12. Action to be taken on receipt of notification
Edition: 2025-01-31 · In force
12. Action to be taken on receipt of notification
(1)Where an accident or serious incident involving a civil aircraft occurs in Kenya or occurs to a Kenya aircraft in a Non-Contracting State which does not intend to carry out the investigation in accordance with Annex 13 or occurs outside the territory of any State and involving a Kenya registered aircraft, the Aircraft Accident Investigation Department shall Action to be taken on receipt of notification.(a)with a minimum of delay and by the most suitable and quickest means of communication available, forward a notification of the accident or serious incident containing the information referred to in the Second Schedule as may be available—(i)to a Contracting State(s) having direct interest in the accident or incident, including the State of Registry, the State of the Operator, the State of Design or the State of Manufacture;(ii)if the aircraft is of a maximum mass of more than 2,250 kg or is a turbojet-powered aeroplane, to the International Civil Aviation Organisation;(iii)to any concerned department;(iv)to any involved air operator, operators of airports and air traffic control units, and aircraft manufacturer; and(v)to any other local authorities and organizations that could assist the Aircraft Accident Investigation Department in its investigation,Provided that where Kenya is the State of Registry or State of Operator and the State of Occurrence is not aware of a serious incident, the Aircraft Accident Investigation Department shall forward a notification of such an incident to the State of Design, the State of Manufacture and the State of Occurrence;(b)inform the entities referred to in paragraph (a)(i), (ii) and (iii) either in the communication forwarding the notification or as soon as practicable(i)as to whether the Aircraft Accident Investigation Department will conduct an investigation;(ii)the type and scope of the investigation that will be conducted;(iii)if the investigation is proposed to be delegated to another Contracting State; and(iv)as to the means by which the Chief Investigator and the Investigator-In-Charge may be contacted;(c)as soon as it is practicable to do so, provide the entities referred to in paragraph (a), (i), (ii) and (iii) with any other information referred to in the Second Schedule which becomes subsequently available to Aircraft Accident Investigation Department and any other known relevant information pertaining to the accident or serious incident.(2)The notification referred to in subregulation (1) shall be prepared in English,Provided that the Aircraft Accident Investigation Department may prepare the notification in other working languages of ICAO, taking into account the language of the recipient(s), whenever it is possible to do so without causing undue delay.(3)Upon receipt of a notification of an accident or a serious incident which occurs outside Kenya involving a Kenya aircraft or an aircraft operated by a Kenya operator, or an aircraft designed or manufactured in Kenya, the Aircraft Accident Investigation Department shall—(a)acknowledge receipt of the notification;(b)provide the State of Occurrence with the following information with the least possible delay(i)any relevant information regarding the aircraft and flight crew involved in the accident or serious incident; and(ii)if Kenya is the State of the Operator, provide the State of Registry with details of any dangerous goods on board the aircraft with a minimum delay and by the most suitable and quickest means available;(c)inform the State referred to in paragraph (b)—(i)whether the Aircraft Accident Investigation Department intends to appoint or has appointed an accredited representative; and(ii)if such an accredited representative has been appointed and may be travelling to the State of Occurrence, the contact details and the expected date of arrival.(4)Where Kenya is the State of the Operator or the State of Design or the State of Manufacture, the Aircraft Accident Investigation Department shall upon receipt of the notification and upon request—(a)provide the State of Registry with any relevant information available to the Aircraft Accident Investigation Department regarding the flight crew and the aircraft involved in the accident or serious incident;(b)inform the State of Registry whether it intends to appoint an accredited representative, and if such an accredited representative is appointed, the name and contact details; as well as the expected date of arrival if the accredited representative will be present at the investigation.