Members of the National Assembly's Committee on Delegated Legislation have expressed concern over the prolonged time taken to conclude aircraft accident investigations in the country.
The lawmakers, led by Committee Chairperson Hon. Samuel Chepkong’a (Ainabkoi), questioned why investigations into plane crashes often drag on for extended periods.
They raised the issue during a meeting with officials from the Ministry of Roads and Transport led by Cabinet Secretary (CS) Davis Chirchir .
The CS appeared before the Committee to provide insights on the proposed Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024. The regulations aim to strengthen aviation safety and establish clear procedures for managing accident investigations.
CS Chirchir was accompanied by the Principal Secretary for Aviation and Aerospace Development, Ms. Teresia Mbaika, as well as officials from the Kenya Civil Aviation Authority and the Aircraft Accident Investigations Department.
In his presentation, CS Chirchir observed that the proposed regulations are intended to promote the adoption of international best practices in aircraft accident investigations and to ensure timely release of investigation reports.
Citing the tragic helicopter crash that claimed the life of former Chief of Defence Forces General Francis Ogolla, Hon. Chepkong’a and committee members questioned the delays in releasing investigation findings.
"We have had fatal aircraft accidents in the past, including the one that killed General Ogolla. Why do reports take so long to be made public?" he asked.
His concerns were supported by the Committee Vice Chairperson Hon. Robert Gichimu (Gichugu) and Hon. Machua Waithaka (Kiambu Town), among others.
In response, CS Chirchir clarified that the Ministry's responsibility is limited to civilian aircraft.
“Our mandate does not cover military or police aircraft. The investigation into General Ogolla’s helicopter crash is outside our jurisdiction,” he explained.
On the issue of delays, the CS noted that the International Civil Aviation Organization (ICAO) recommends that investigations be concluded within 12 months.
“This timeline is due to the complexity of the process and the number of parties involved,” he said.
He added that in many cases, flight data recorders must be analyzed by the aircraft manufacturers, who are often based overseas and may have existing backlogs. Investigations involving foreign nationals also require the participation of their respective countries and ICAO.
“There are many actors involved, and not all factors are within our control. However, we strive to ensure that the final report is released to the public within 12 months,” the CS stated.
Kenya has witnessed several tragic plane crashes involving prominent leaders, apart from the recent one that claimed General Ogolla.
In January 2003, a plane crashed in Busia, killing Labour Minister Ahmed Khalif and two pilots. Ministers Raphael Tuju, Linah Kilimo, and Martha Karua survived the accident.
In April 2006, a Kenya Defence Forces aircraft crashed in Marsabit due to poor weather, killing 14 people, including five MPs such as Bonaya Godana and Mirugi Kariuki.
On June 10, 2008, a plane crashed shortly after take-off from Wilson Airport, killing Roads Minister Kipkalya Kones, Sotik MP Lorna Laboso, the pilot Christoph Maria Schnerr, and a bodyguard.
In June 2012, a helicopter crashed in Ngong Hills, killing Interior Minister George Saitoti, Assistant Minister Joshua Orwa Ojode, their bodyguards, and two pilots. The crash occurred just 10 minutes after take-off from Wilson Airport.
The last major commercial plane crash occurred on June 5, 2018. A Fly-SAX flight from Kitale to Nairobi crashed in the Aberdares, killing all ten people on board.
During the session, Committee members proposed several amendments to the draft regulations to improve clarity and effectiveness.
The Committee directed the Ministry to revise the regulations accordingly and resubmit them for further review.
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