The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024

17. Powers of investigators and advisers

Edition: 2025-01-31 · In force

17. Powers of investigators and advisers

(1)Where the whole or any part of the investigation is carried out in Kenya an Investigator-In-Charge shall have the access rights, powers and unrestricted control over all relevant material and information as specified in subregulations (2) and (3) to carry out an investigation into an accident or incident in the most efficient way and within the shortest period possible and to ensure that a detailed examination can be made without delay by authorized personnel participating in the investigation.

(2)The Investigator-In-Charge shall have—

(a)free and unhindered access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;

(b)powers to secure and preserve the accident site;

(c)access to the results of examination of the bodies of victims or tests made on samples taken from the bodies of the victims;

(d)immediate and unrestricted access to and use of the contents of the flight recorders, Air Traffic Service records and any other recordings;

(e)access to the results of examination of the bodies of victims or tests made on samples taken from the bodies of the victims;

(f)immediate access to the results of examinations of the persons involved in the operation of the aircraft or tests made on samples taken from such persons; and

(g)free access to any relevant information or records held by the owner, the operator, the operator’s maintenance contractors and sub-contractors, the hirer, the designer or the manufacturer of the aircraft and by the authorities for civil aviation or airport operation or Air Traffic Service.

(3)The Investigator-In-Charge may—

(a)by summons under his or her hand or by other appropriate means—

(i)call before him or her and examine any person(s) as he deems appropriate;

(ii)require such person(s) to answer any question or furnish any information or produce any books, papers, documents and articles which he may consider relevant;and

(iii)retain any such books, papers, documents and articles until the completion of the investigation;

(b)require the protection and preservation of—

(i)the aircraft accident or incident site(s);

(ii)the aircraft and any parts thereof;

(iii)all records and documents associated with the occurrence; and

(iv)prohibit or limit access to the area immediately surrounding the place at which anything involved or likely to have been involved in an accident or incident is located for such period as is necessary for the purposes of preserving and protecting evidence.

(c)require the provision and to make copies of any documents that he may consider relevant to the accident or incident;

(d)retain any such documents until the completion of the investigation, or as the case may be, it is determined that an investigation shall not be carried out;

(e)take statements from all such persons as he deems fit and require each of such persons to make and sign a declaration of the truth of the statement made by him;

(f)on production, if required, of his credentials, enter and search any place, building or aircraft where he believes on reasonable grounds that there is anything relevant to the conduct of an investigation of an accident or incident, and to seize anything relevant that is found in the course of that search;

(g)on production, if required, of his credentials, remove, test, take measures for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident where it appears to him to be necessary for the purposes of the investigation;

(h)take possession of, examine, remove, test, including test to destruction, or take measures for the preservation of any object or evidence he considers necessary for the purposes of the investigation;

(i)order for immediate listing of evidence and removal of debris or components for examination or analysis purposes;

(j)order for the readout of the flight recorders;

(k)cause an autopsy or medical examination to be performed on a fatally injured flight crew, and when necessary, passengers, cabin crew or the body of any other deceased person where he believes on reasonable grounds that the information derived from the autopsy and medical examination is, or may be, relevant to the conduct of the investigation,Provided that the autopsy or medical examination shall be conducted by a pathologist, and if a pathologist experienced in the investigation of aircraft accidents is available, by such pathologist;

(l)require the person having custody of the body of the deceased person or other human remains to permit the performance of autopsy or medical examination;

(m)where appropriate, require the expeditious medical and toxicological examinations of a person who was directly or indirectly involved in the operation of an aircraft involved in an accident or incident by a medical practitioner, and if a medical practitioner experienced in the investigation of aircraft accidents is available, by such medical practitioner;

(n)require a physician or other practitioner to provide medical information concerning a patient where he believes on reasonable grounds that such information is relevant to the investigation;

(o)require the crew, passengers and aviation personnel involved in the accident or incident to undergo such other tests including a breathalyser test within reasonable time for the purposes of the investigation;

(p)call on the services of local authorities or other authorized persons to ensure protection of the accident site, including the aircraft and its contents, until such time as the Aircraft Accident Investigation Department is able to directly take over custody and security of the aircraft and its contents; and

(q)seek such advice or assistance as he or she considers necessary for the purposes of the investigation.

(4)Subject to the provisions of subregulation 3(l),(m),(n) and (o), the notice for medical information shall be made in writing and signed by the Investigator-In-Charge.

(5)In exercising the powers as stipulated under subregulation (3), the Investigator-In-Charge shall produce his or her credentials as proof of his identity and powers, when requested to do so by an involved person.

(6)No person shall refuse or fail to produce information to the Investigator-In-Charge, or to attend before him and give a statement, or to provide information, to submit to a medical examination, or to make the body of a deceased person or other human remains available for the performance of an autopsy or medical examination as stipulated in subregulation (3).

(7)The Investigator-In-Charge may apply to the Tribunal for a court order to compel compliance with orders or directives issued under subregulation (3).

(8)Pursuant to subregulation 3(i), where the owner of the component being tested, and any person who appears on reasonable grounds to be entitled to it are invited to observe such tests, these persons may—

(a)record or cause to be recorded the condition of the component being tested prior to, during and after the test;and

(b)be represented by a person having technical knowledge and expertise in the subject-matter of the test.

(9)The Investigator-In-Charge may delegate to his or her deputy or any other investigator the rights and powers vested in him or her in subregulations (2) and (3), where the whole or any part of the investigation is carried out in Kenya.

(10)Without prejudice to the generality of subregulation (3) (r), the Investigator-In-Charge may, in consultation with the Chief Investigator request another Contracting State to provide such information, facilities or experts as he may consider necessary for the purposes of an investigation.

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Source: Kenya Law