ADVOKS GLOBAL · KENYA
The Civil Aviation (Operation of Aircraft-General Aviation Aeroplanes) Regulations, 2018
112. Flights over any foreign country
Edition: 2022-12-31 · In force
112. Flights over any foreign country
(1)The operator or pilot-in-command of an aircraft registered in the Kenya (or, if the operator’s principal place of business or permanent residence is in the Kenya, any other aircraft) which is being flown over any foreign State shall not allow that aircraft to be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that State.(2)A person does not contravene subregulation (1) if that person neither knew nor had reasons to suspect that the aircraft was being or was to be used for a purpose referred to in subregulation (1).(3)The operator or pilot-in-command of an aircraft registered in Kenya (or, if the operator’s principal place of business or permanent residence is in the Kenya, any other aircraft) which is being flown over any foreign State shall comply with any directions given by the appropriate aeronautical authorities of that State whenever—(a)the flight has not been duly authorised; or(b)there are reasonable grounds for the appropriate aeronautical authorities to believe that the aircraft is being or will be used for a purpose which is prejudicial to the security, public order or public health of, or to the safety of air navigation in relation to that State, unless the lives of persons on board or the safety of the aircraft would thereby be endangered.(4)A person does not contravene subregulation (3) if he neither knew nor suspected that the directions were being given by the appropriate aeronautical authorities.(5)The requirement in subregulation (3) shall not prejudice the need to comply with other requirements or directions of aeronautical authority.(6)In this regulation “appropriate aeronautical authorities” includes any person, whether a member of a country’s military or civil authorities, authorised under the law of the foreign State to issue directions to aircraft flying over that State.