Kenyan legislation

The Civil Aviation (Safe Transport of Dangerous Goods By Air) Regulations, 2025

Edition: 2026-03-25 · In force

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Part I – PRELIMINARY PROVISIONS

1. Citation

These Regulations may be cited as the Civil Aviation (Safe Transport of Dangerous Goods by Air) Regulations, 2025.

2. Interpretation

In these Regulations, unless the context otherwise requires—“Act” means the Environmental Management and Co-ordination Act (Cap. 387);“approval” means an authorization granted by the Authority;“Authority” means the Kenya Civil Aviation Authority established under the Act;“cargo aircraft” means any aircraft, other than a passenger aircraft, which is carrying goods or property;“consignment” means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address, receipted for in one lot and moving to one consignee at one destination address;“crew member” means a person assigned by an operator to duty on an aircraft during a flight duty period;“dangerous goods” means articles or substances which are capable of posing a hazard to health, safety, property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classified according to those instructions;“dangerous goods accident” means an occurrence associated with and related to the transport of dangerous goods by air which results in fatal or serious injury to a person or major property or environmental damage;“dangerous goods incident” means an occurrence, other than a dangerous goods accident, associated with and related to the transport of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property or environmental damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained, any occurrence relating to the transport of dangerous goods which seriously jeopardizes the aircraft, or its occupants is also deemed to constitute a dangerous goods incident;“designated postal operator” means the governmental or non-governmental entities officially designated by a Universal Postal Union (UPU) member country to operate postal services and to fulfil the related obligations arising from the acts of the UPU Convention on its territory;“exception” means a provision in these regulations which excludes a specific item of dangerous goods from the requirements normally applicable to that item;“exemption” means an authorization, other than an approval, granted by the authority providing relief from the provisions of these regulations and the technical instructions;“flight crew member” means a licensed crew member charged with duties essential to the operation of an aircraft during a flight duty period;“operator” means a person, organization or enterprise engaged in or offering to engage in an aircraft operation;“overpack” means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage excluding Unit Load Device (ULD);“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for transport;“Packaging” means receptacles and any other components or materials necessary for the receptacle to perform its containment function;“passenger aircraft” means an aircraft that carries any person other than a crew member, an operator’s employee in an official capacity, an authorized representative of an appropriate national authority or a person accompanying a consignment or other cargo;“pilot-in-command” means the pilot designated by the operator, or in the case of general aviation, the owner, as being in command and charged with the safe conduct of a flight;“safety management system (SMS)” means a systematic approach to managing safety, including the necessary organizational structures, accountabilities, policies and procedures;“serious injury” means an injury which is sustained by a person in an accident and which—(a)requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received;(b)results in a fracture of any bone, except simple fractures of fingers, toes or nose;(c)involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;(d)involves injury to any internal organ;(e)involves second-or third-degree burns, or any burns affecting more than 5 per cent of the body surface;(f)involves verified exposure to infectious substances or injurious radiation;“State of Destination” means the State in the territory of which the consignment is finally to be unloaded from an aircraft;“State of Origin” means the State in the territory of which the consignment is first to be loaded on an aircraft;“State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence;“Technical Instructions” means the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), approved and issued periodically in accordance with the procedure established by the ICAO Council;“UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals to identify an article or substance or a particular group of articles or substances;“Unit load device” (ULD) means any type of freight container, aircraft container, aircraft pallet with a net, or aircraft pallet with a net over an igloo but excludes an overpack.

Part II – APPLICABILITY

3. General applicability

(1)These Regulations shall apply to all domestic and international civil aircraft operations including—

(a)any aircraft used for the transportation of dangerous goods;

(b)aircraft involved in commercial air ambulance operations;

(c)unmanned aircraft operations;

(d)any person who—

(i)offers dangerous goods for transportation by air;

(ii)conveys dangerous goods by air;

(iii)accepts dangerous goods for transportation by air;

(e)any passenger or crew member on board or to be taken on board an aircraft.

(2)The Authority may grant an approval to transport dangerous goods by air provided that an overall level of safety in transport of dangerous goods is equivalent to the level of safety provided for in the technical instructions.

(3)The Authority may grant an exemption from the provisions of the Technical Instructions provided that in such instances, every effort is made to achieve an overall level of safety in transport of dangerous goods which is equivalent to the level of safety provided for in the Technical Instructions in the following instances—

(a)extreme urgency;

(b)when other forms of transport are inappropriate;

(c)when full compliance with the prescribed requirements is contrary to the public interest.

(4)For purposes of overflight, where none of the criteria in subregulation (3) for granting an exemption are relevant, the Authority may grant an exemption based solely on evidence that an equivalent level of safety in air transport of dangerous goods has been achieved.

4. Dangerous goods technical instructions

(1)An operator, shipper, freight forwarder and designated postal operator shall ensure compliance with the detailed provisions contained in the Technical Instructions for the Safe Transport of Dangerous Goods by Air.

(2)An operator, shipper, freight forwarder and designated postal operator shall take the necessary measures to achieve compliance with any amendment to the Technical Instructions which is published during the specified period of applicability of an edition of the Technical Instructions.

5. Exceptions

(1)Articles and substances which would otherwise be classed as dangerous goods, but which are required to be aboard the aircraft in accordance with the pertinent airworthiness requirements and operating regulations, or for those specialized purposes identified in the Technical Instructions, shall be excepted from the provisions of these Regulations.

(2)Where articles and substances intended as replacements for those described in subregulation (1) or which have been removed for replacement are carried on an aircraft, they shall be transported in accordance with the provisions of these Regulations except as permitted in the Technical Instructions.

(3)Specific articles and substances carried by passengers or crew members shall be excepted from the provisions of this these Regulations to the extent specified in the Technical Instructions.

6. Notification of variations from the Technical Instructions.

(1)The Authority shall promptly notify ICAO when it adopts different provisions from those specified in the Technical Instructions, for publication of the variation in the Technical Instructions.

(2)An Operator who adopts more restrictive requirements than those specified in the Technical Instructions, shall notify the Authority and ICAO of such operator variations for publication in the Technical Instructions.

7. Surface transport

An operator shall ensure that dangerous goods intended for air transport are acceptable for surface transport to or from aerodromes as described in their approved manual.

8. Dangerous Goods Manual

(1)An operator shall not engage in commercial aircraft operations unless that operator submits a dangerous goods manual to the Authority for approval.

(2)Subject to subregulation (1), the Dangerous Goods Manual may be part of the operator’s operations manuals and developed in accordance with the First schedule to these Regulations.

(3)An Operator shall make amendments or additions to the Dangerous goods manual as the Authority may require and as per the changes in the Technical Instructions and amendments thereto for the purpose of ensuring the safe transportation of dangerous goods by air.

9. Transport of Radioactive Material

(1)An Operator, shall seek authorisation from the Kenya Nuclear Regulatory Authority prior to the transport of radioactive material. A copy of the authorisation shall be submitted to the Authority.

(2)The authorization in subregulation (1) shall be sought by Shippers and Freight Forwarders prior to handling of radioactive materials.

Part III – CLASSIFICATION

10. Classification

The classification of articles or substances shall be in accordance with the provisions of the Technical Instructions.

Part IV – LIMITATION ON THE TRANSPORT OF DANGEROUS GOODS BY AIR

11. Dangerous goods permitted for transport by air

An Operator shall not be engaged in transport dangerous goods by air unless approved by the Authority in accordance with these Regulations and the detailed specifications and procedures provided in the Technical Instructions.

12. Dangerous goods forbidden for transport by air unless exempted

The dangerous goods described hereunder are forbidden on aircraft unless exempted by the states concerned under the provisions of Regulation 3, or unless the provisions of the technical Instructions indicate they may be transported under approval of the state of Origin:

(a)dangerous goods that are identified in the Technical Instructions as being forbidden for transport in normal circumstances; and

(b)infected live animals.

13. Dangerous goods forbidden for transport by air under any circumstances

An Operator shall not transport by air articles and substances that are specifically identified by name or by generic description in the Technical Instructions as being forbidden for transport by air under any circumstances.

Part V – PACKING

14. General packing requirements

An Operator shall ensure that dangerous goods are packed in accordance with the provisions of this part and as provided for in the Technical Instructions.

15. Packaging

(1)An Operator shall ensure that packaging used for the transport of dangerous goods for Air Transport are—

(a)of good quality, constructed and securely closed so as to prevent leakage which might be caused in normal conditions of transport, by changes in temperature, humidity or pressure, or by vibration;

(b)suitable for the contents and those in direct contact with dangerous goods must be resistant to any chemical or other action of such goods;

(c)meeting the material and construction specifications in the Technical Instructions;

(d)tested in accordance with the provisions of the Technical Instructions;

(e)for retention of a liquid as a basic function, capable of withstanding, without leaking, the pressure stated in the Technical Instructions;

(f)for Inner packaging, packed, secured or cushioned as to prevent their breakage or leakage and to control their movement within the outer packaging(s) during normal conditions of air transport Cushioning and absorbent materials do not react dangerously with the contents of the packaging;

(g)not reused until the packaging has been inspected and found free from corrosion or other damage and where a packaging is reused, all necessary measures are taken to prevent contamination of subsequent contents;

(h)tightly closed and treated according to the hazard they constitute if the nature of their former contents, the uncleaned empty packaging may present a hazard; and

(i)no harmful quantity of a dangerous substance adhere to the outside of packages.

Part VI – LABELLING AND MARKING

16. Labels

An operator shall ensure that each package of dangerous goods is labelled with the appropriate labels and in accordance with the provisions set forth in the technical Instructions.

17. Markings

(1)An Operator shall ensure that—

(a)each package of dangerous goods is marked with the proper shipping name of its contents and, when assigned, the UN number and such other markings as may be specified in the Technical Instructions;

(b)each packaging manufactured to a specification contained in the Technical Instructions, is marked in accordance with those Instructions;

(c)no packaging is marked with a packaging specification marking unless it meets the appropriate packaging specification contained in the Technical Instructions.

18. Languages to be used for markings

In addition to the languages required by the State of Origin and pending the development and adoption of a more suitable form of expression for universal use, English shall be used for the markings related to dangerous goods.

Part VII – SHIPPER’S RESPONSIBILITIES

19. Shipper’s General requirements

A Shipper shall ensure that dangerous goods to be transported by air are not forbidden, properly packed, classified, marked, labelled and accompanied by a properly executed dangerous goods transport document as specified in these Regulations and the Technical Instructions.

20. Dangerous goods transport document

(1)A shipper shall complete, sign and provide to the operator a dangerous goods transport document, which shall contain the information required by the Technical Instructions.

(2)The transport document in subregulation (1) shall bear a declaration signed by the shipper indicating that the dangerous goods are full and accurately described by their proper shipping names and that they are classified, packed, marked, labelled, and in proper condition for transport by air in accordance with these Regulations.

(3)English Language shall be used for dangerous goods transport document.

21. Operator’s Safety Management Systems

An operator shall ensure that carriage of dangerous goods is included in the scope of safety management systems specified in accordance with the Civil Aviation (Safety Management) Regulations.

Part VII – OPERATORS’ RESPONSIBILITIES

22. Acceptance for transport

An operator shall not accept dangerous goods for transport by air—

(a)unless the dangerous goods are accompanied by a completed dangerous goods transport document, except where the Technical instructions indicates that such document is not required; and

(b)until the package, overpack or freight container containing the dangerous goods has been inspected in accordance with the acceptance procedures contained in the Technical Instructions.

23. Acceptance checklist

An operator shall develop and use an acceptance checklist as an aid to compliance with the provisions of Regulation 22.

24. Loading and stowage

An Operator shall ensure that packages and overpacks containing dangerous goods and freight containers containing radioactive materials are loaded and stowed on an aircraft in accordance with the provisions of the Technical Instructions.

25. Inspection for damage or leakage

An Operator shall ensure that—

(a)packages and overpacks containing dangerous goods and freight containers containing radioactive materials are inspected for evidence of leakage or damage before loading on an aircraft or into a unit load device;

(b)leaking or damaged packages, overpacks or freight containers are not loaded on an aircraft;

(c)a unit load device is not loaded aboard an aircraft unless the device has been inspected and found free from any evidence of leakage from, or damage to, any dangerous goods contained therein;

(d)a package of dangerous goods loaded on an aircraft, which appear to be damaged, or leaking is removed, or arrange for its removal by an appropriate authority or organization and thereafter the remainder of the consignment is in a proper condition for transport by air and that no other package has been contaminated;

(e)packages or overpacks containing dangerous goods and freight containers containing radioactive materials are inspected for signs of damage or leakage upon unloading from the aircraft or unit load device;

(f)where evidence of damage or leakage is found, the area where the dangerous goods or unit load device were stowed on the aircraft are inspected for damage or contamination.

26. Loading restrictions in passenger cabin or on flight deck

An Operator shall not carry dangerous goods in an aircraft cabin occupied by passengers or on the flight deck of an aircraft, except in circumstances permitted by the provisions of the Technical Instructions and as outlined in the operators approved manuals.

27. Removal of contamination

(1)An Operator shall ensure that any hazardous contamination found on an aircraft as a result of leakage or damage to dangerous goods are removed without delay.

(2)An operator shall ensure that aircraft which has been contaminated by radioactive materials is immediately taken out of service and not returned to service until the radiation level at any accessible surface and the non-fixed contamination are not more than the values specified in the Technical Instructions.

28. Separation and segregation

(1)An Operator shall ensure that packages containing dangerous goods which might react dangerously with one with another are not stowed on an aircraft next to each other or in a position that would allow interaction between them in the event of leakage.

(2)An operator shall ensure that packages of toxic and infectious substances are stowed on an aircraft in accordance with the provisions of the Technical Instructions.

(3)An Operator shall ensure that packages of radioactive materials are stowed on an aircraft so that they are separated from persons, live animals and undeveloped film, in accordance with the provisions in the Technical Instructions.

29. Securing of dangerous goods cargo loads

(1)An Operator shall, ensure that dangerous goods are protected from damage and secured in the aircraft in a manner that will prevent any movement in flight which would change the orientation of the packages.

(2)For packages containing radioactive materials, the securing is adequate to ensure that the separation requirements of regulation 28(3) are met at all times.

30. Loading on cargo aircraft

An Operator shall ensure that packages of dangerous goods bearing the “Cargo aircraft only” label are loaded in accordance with the provisions in the Technical Instructions.

Part VIII – PROVISION OF INFORMATION

31. Information to pilot-in-command

An Operator of an aircraft in which dangerous goods are to be carried shall provide the pilot-in-command, as early as practicable, before departure of the aircraft with written information as specified in the Technical Instructions.

32. Information and instructions to flight crew members

An Operator shall provide an approved operations manual with information to enable the flight crew to carry out their responsibilities with regard to the transport of dangerous goods providing instructions and action to be taken in the event of emergencies arising involving dangerous goods.

33. Information to passengers

An Operator shall ensure that information is publicized in a manner that passengers are warned as to the types of dangerous goods which they are forbidden from transporting aboard an aircraft as provided for in the Technical Instructions.

34. Information to other persons

Operators, shippers, and other entities involved in the transportation of dangerous goods by air shall provide information to enable their personnel to carry out responsibilities with regard to the transport of dangerous goods and provide instructions as to the action to be taken in the event of emergencies arising involving dangerous goods.

35. Information from pilot-in-command to aerodrome authorities

When an in-flight emergency occurs the pilot-in-command shall as soon as the situation permits, inform the appropriate air traffic services unit, for the information of aerodrome authorities, of any dangerous goods on board the aircraft, as provided for in the Technical Instructions.

36. Information in the event of an aircraft accident or incident

(1)In the event of aircraft accident or a serious incident where dangerous goods carried as cargo is involved, the operator shall—

(a)provide information without delay to emergency services responding to an accident or serious incident about the dangerous goods on board as shown on the written information to the pilot-in-command;

(b)provide this information to the Authority and the State in which the accident or serious incident occurred.

(2)An operator of an aircraft carrying dangerous goods as cargo shall provide information, without delay, to emergency services responding to an incident, and other appropriate agencies, about the dangerous goods on board as shown on the written information to the pilot-in-command.

Part IX – TRAINING PROGRAMMES

37. Establishment of training programmes

An operator whether approved to transport dangerous goods not or shall establish and maintain an initial and recurrent dangerous goods training and assessment programme in accordance with the Technical Instructions.

38. Approval of training programmes

(1)The Operator shall submit an established training programme for approval by the Authority.

(2)Designated postal operators accepting dangerous goods by mail for transportation by air, shall establish and maintain a dangerous goods training programme approved by the Authority.

Part X – COMPLIANCE

39. Inspection systems

(1)All operators and entities performing any function for safe transportation of dangerous goods by air, shall ensure compliance with the requirements of these Regulations.

(2)Operators performing functions involving the safe transportation of dangerous goods by air shall be subject to the safety oversight inspection and surveillance program of the Authority during the performance of those functions.

(3)An operator shall grant the Authority free and unhindered access to the facilities, aircraft, and other areas where these functions are being performed for the purpose of—

(a)inspecting dangerous goods consignments prepared, offered, accepted or transported by these entities;

(b)inspecting the procedures and practices of these entities;

(c)inspecting the required records that must be maintained;

(d)investigating incidents and alleged violations; and

(e)other safety oversight functions relating to transportation of dangerous goods.

40. Dangerous goods by mail

(1)The procedures for designated postal operators controlling the introduction of dangerous goods in mail into air transport, shall establish and maintain procedures approved by the Authority.

(2)Dangerous goods are not permitted in mail except as provided for in the Technical Instructions.

Part XI – DANGEROUS GOODS ACCIDENT AND INCIDENT REPORTING

41. Dangerous goods accident and incident reporting

(1)An operator shall investigate, compile and report to the Authority information concerning accidents and incidents which occurred during its operations, and which involves the transport of dangerous goods by Air.

(2)To prevent recurrence, an operator shall investigate, compile and report to the Authority information concerning instances of undeclared or misdeclared dangerous goods in cargo, mail and baggage originating in or destined for another state in accordance to the detailed provisions of the Technical Instructions.

Part XII – DANGEROUS GOODS SECURITY PROVISIONS

42. Dangerous Goods Security Provisions

(1)An Operator, shipper and other individuals engaged in transport of dangerous goods by air shall ensure security measures are taken in accordance with approved operations manual to minimize theft or misuse of dangerous goods that may endanger persons, property or the environment.

(2)The Security measures shall be applied in accordance with the Civil Aviation (Security) Regulations and the Technical Instructions.

Part XIII – PENALTIES

43. Offences and penalties

(1)The Authority shall take appropriate action to achieve compliance with its dangerous goods Regulations, including the prescription of appropriate penalties for violations.

(2)when information about a violation is received from another Contracting State, such as when a consignment of dangerous goods is found not to comply with the requirements of the Technical Instructions on arrival to Kenya the Authority shall report the matter to the State of Origin.

(3)If any provision of these Regulations, orders, notices or proclamations made under the Regulation is contravened and without prejudice to the liability of any other person under these Regulations for that contravention, will be deemed to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he or she exercised all due diligence to prevent the contravention.

(4)A person who contravenes any provision specified as an “A” provision in the civil Aviation Act commits an offence and is liable on conviction to a fine not exceeding one million shillings for each offence and or to imprisonment for a term not exceeding one year or to both.

(5)A person who contravenes any provision specified as a “B” provision in the Civil Aviation Act commits an offence and is liable on conviction to a fine not exceeding two million shillings for each offence and or to imprisonment for a term not exceeding three years or to both.

(6)A person who contravenes any provision of these Regulations not being a provision referred to in the Civil Aviation Act commits an offence and is liable on conviction to a fine not exceeding one million shillings, and in the case of a second or subsequent conviction for the like offence to a fine not exceeding two million shillings.

Source: Kenya Law · Imported 4 October 2026