Legal, Policy and Institutional Framework for UAS in Kenya

This Chapter provides an analysis of the framework for the regulation of Unmanned Aircraft Systems (UAS) in Kenya. It expounds on the workings of the Kenya Civil Aviation Authority (KCAA) in addressing matters of safety, security and privacy that arise from the use of UAS in their integration into the civil aviation airspace. Notably, there is a brief background, overview of the legal, policy and institutional framework, principally under the Civil Aviation Act No. 21 of 2013, KCAA Amendment Act of 2016 and the 2020 UAS Regulation. It is noted that the use of UAS in Kenya is on the rise, primarily for civilian applications. Traditionally, UAS has been for such purposes as remote sensing, aerial photography, surveying, disaster management, communication, protection of fisheries and forest resources, coastguard, locust control, research and development, oil and mineral exploration. With technological expansion, however, UAS operation is increasingly being used for wildlife management and agriculture. Also covered herein are the salient regulatory provisions within the regulatory framework vis-à-vis their efficacy in addressing the safety, security, and privacy concerns associated with UAS operations in civil aviation. The term Remotely Piloted Aircraft systems (RPAs) is used interchangeably with UAS as it featured in Kenya’s previous legal and policy framework.