ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
15. Observers and participants
Edition: 2025-01-31 · In force
15. Observers and participants
(1)A representative of a State or an air accident investigation authority from a State other than the States specified in regulation 12(1) may, on request and with written permission of the Investigator-In-Charge, participate in an investigation as an observer.(2)The Chief Investigator may appoint investigators as observers in major accident investigations conducted by other Contracting States, where in his opinion, the investigators will gain relevant experience to handle such investigations if they occur in Kenya.(3)Subject to any conditions that the Aircraft Accident Investigation Department may impose, a person may, upon written request, participate as an observer in an investigation conducted by the Aircraft Accident Investigation Department if the person is designated as an observer by a concerned department of Kenya having a direct interest in the subject matter of the investigation.(4)Subject to any conditions that the Aircraft Accident Investigation Department may impose, a person may attend as a participant in an investigation conducted by the Aircraft Accident Investigation Department if in the opinion of the Aircraft Accident Investigation Department, that person has the expertise to contribute to achieving Aircraft Accident Investigation Department’s mandate.(5)The Aircraft Accident Investigation Department may remove or ask to have removed an observer or a participant from an investigation—(a)if that person contravenes a condition imposed by the Aircraft Accident Investigation Department on the person's presence; or(b)if, in the Aircraft Accident Investigation Department's opinion, the person has a conflict of interest that impedes the conduct of the investigation.(6)Where a person referred to in subregulations (1), (3) and (4) participates as an observer or a participant in an investigation of an occurrence conducted by the Aircraft Accident Investigation Department, the person may, subject to the conditions and limitations imposed by the Aircraft Accident Investigation Department, and under the supervision of an Investigator-In-Charge—(a)visit the occurrence site(s);(b)examine the aircraft and its component parts and contents involved in the occurrence;(c)unless otherwise prohibited by law, examine any document as defined in regulation 2 of these Regulations, and any other relevant evidence, relating to—(i)the aviation activity during which the occurrence took place;(ii)the crew members involved in the occurrence, and(iii)the aircraft, its component parts and contents;(d)attend laboratory tests or analyses.(7)The rights and entitlements granted to an observer or participant in subregulation (6) shall not, unless otherwise authorized by the Chief Investigator, include attendance at an interview of a witness during an investigation.