ADVOKS GLOBAL · KENYA
The Civil Aviation (Approved Maintenance Organization) Regulations, 2025
61. Offences and Penalties
Edition: 2026-03-03 · In force
61. Offences and Penalties
(1)A person who contravenes any provision of these Regulations commits an offence and upon conviction is liable to a fine of not more than Kenya Shillings one million or to imprisonment for a term not exceeding six months or to both.(2)If it is proved that an act or omission of any person, which would otherwise have been a contravention by that person of a provision of these Regulations, orders, notices or proclamations made there under was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.(3)Where a person is charged with contravening a provision of these Regulations, orders, notices or proclamations made there under by reason of his having been a member of the flight crew of an aircraft on a flight for the purpose of commercial air transport operations, the flight shall be treated, without prejudice to the liability of any other person under these Regulations, as not having been for that purpose if he proves that he neither knew nor had reason to know that the flight was for that purpose.(4)In case an aircraft is involved in a contravention and the contravention is by the owner or operator of the aircraft, the aircraft shall be subject to a lien for the penalty.(5)Any aircraft subject to a lien for the purpose of subregulation (4) may be seized by and placed in the custody of the Authority.(6)The aircraft shall be released from custody of the Authority upon—(a)payment of the penalty or the amount agreed upon in compromise;(b)deposit of a bond in such amount as the Authority may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise; or(c)receiving an order of the court to that effect.(7)The Authority may compound offences under Part A of the Third Schedule to these Regulations by assessing the contravention and requiring the person reasonably suspected of having committed the offence to pay to the Authority Kenya shillings One (1) million for provisions referred to in sub-part (i) and sub-part (ii) respectively in Part A of the Third Schedule to these Regulations.(8)If any person contravenes any provision specified in Part B of the Third Schedule to these Regulations, upon conviction is liable to a fine not less than the equivalent in Kenya Shillings Two million or to imprisonment for a term of twelve months or to both.