ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
14. Accredited representatives, advisers, experts from contracting states
Edition: 2025-01-31 · In force
14. Accredited representatives, advisers, experts from contracting states
(1)Where an investigation into an accident or a serious incident is being carried out by an Investigator-In-Charge under these Regulations, each of the following States that is a Contracting State shall be invited to appoint an accredited representative to participate in the investigation and one or more advisers, to assist the accredited representative—(a)the State of Registry;(b)the State of the Operator;(c)the State of Manufacture;(e)a State which has provided information, facilities, equipment or experts to the Investigator-In-Charge in connection with the investigation.(2)An accredited representative shall participate in all aspects of an investigation under the control of the Investigator-In-Charge and shall be entitled, in particular, to—(a)visit the scene of the accident;(c)obtain witness information and suggest areas for questioning witnesses;(d)have full access to all relevant evidence as soon as possible;(e)receive copies of all pertinent documents, including reports on the examination of components or studies performed during the investigation;(f)participate in readouts of recorded media;(g)participate in off-scene investigative activities including component examinations, technical briefings, tests and simulations;(h)participate in investigation progress meetings, including deliberations related to analysis, findings, causes, contributing factors and safety recommendations;(i)make submissions in respect of various aspects of the investigation; and(j)any other entitlement as may be granted by the Aircraft Accident Investigation Department.(3)Notwithstanding sub regulation (2), participation of the accredited representative of a Contracting State referred to in sub regulation (1)(e) may be limited to those matters in respect of which that State has provided information, facilities or experts to the Investigator-In-Charge in connection with the investigation.(4)A Contracting State which has a special interest in an accident by virtue of fatalities or serious injuries to its citizens shall, upon request to the Investigator-In-Charge, be entitled to appoint an expert who shall be entitled to—(a)visit the scene of the accident;(b)have access to the relevant factual information which is approved for public release by the State conducting the investigation, and information on the progress of the investigation;(c)participate in the identification of victims;(d)assist in questioning surviving passengers who are citizens of the expert’s State; and(e)receive a copy of the final report.(5)An adviser assisting an accredited representative shall participate in the investigation under the accredited representative’s supervision and to the extent necessary to make the accredited representative’s participation effective.(6)The accredited representative, his or her adviser and the expert appointed under subregulation (4) shall—(a)provide the Investigator-In-Charge with all relevant information available to them; and(b)not disclose any information on the progress and findings of the investigation without the express consent in writing of the Investigator-In-Charge.(7)The provisions of subregulation (6) shall not preclude accredited representative(s) from reporting to their respective State(s) in order to facilitate appropriate safety actions.(8)Where Kenya is the State conducting the investigation and other states participating in the investigation have appointed accredited representative(s) or adviser(s) who intend to travel to Kenya, the Aircraft Accident Investigation Department shall endeavour to facilitate their entry as well as their equipment with a minimum of delay.(9)Where neither the State of Design nor the State of Manufacture has appointed an accredited representative, the Aircraft Accident Investigation Department shall invite the organizations responsible for the type design and the final assembly of the aircraft to participate, subject to the provisions of these Regulations and procedures.(10)Where Kenya is the State of Operator, State of Registry, State of Design, or State of Manufacture (for aircraft, power plant and major components) and is specifically requested by the State conducting the investigation to appoint an accredited representative to participate in an investigation involving an aircraft of maximum weight of over 2250kg, the Aircraft Accident Investigation Department shall appoint such an accredited representative.(11)Where Kenya is the State conducting the investigation, the Aircraft Accident Investigation Department may, if necessary, request the State of Design and the State of Manufacture to assist in the investigation of accidents or serious incidents.