Aviation Law
Lawyers in Kenya

The Cape Town Convention on International Interests in Mobile Equipment (2001) and its Aircraft Protocol create an international legal framework for registering security interests (international interests) over aircraft, aircraft engines and helicopters. Kenya ratified the Convention, which means creditors, lessors and conditional sellers can register their interests on the International Registry — giving them internationally recognised priority. This reduces financing risk, lowers borrowing costs and facilitates aircraft repossession through Irrevocable De-registration and Export Request Authorisations (IDERAs). If you're buying, selling, leasing or financing aircraft in Kenya, Cape Town compliance is essential — and we handle registrations, IDERA filings and enforcement proceedings.

For international flights, the Montreal Convention 1999 (which Kenya is party to) governs passenger injury and death claims. Airlines face strict liability up to 128,821 Special Drawing Rights (SDRs — approximately USD 170,000) per passenger, and unlimited liability beyond that unless they prove they were not negligent. For domestic flights, Kenyan tort law (negligence) applies alongside the contract of carriage. Cargo claims are also governed by the Montreal Convention with specific weight-based limits. We pursue both convention-based and common law claims — covering medical expenses, loss of earnings, pain and suffering, funeral costs and dependency claims for fatal accidents. Time limits are strict (2 years under the Montreal Convention), so early legal advice is critical.

Commercial drone operations in Kenya are regulated by KCAA under the Civil Aviation (Remotely Piloted Aircraft Systems) Regulations. Key requirements include: (1) Remote Pilot Licence (RPL) for the operator; (2) drone registration with KCAA; (3) Remote Operator Certificate (ROC) for commercial operations; (4) insurance coverage; (5) compliance with airspace restrictions (drones cannot operate near airports, military installations or above 400 feet AGL without specific approval); (6) operational limitations including visual line-of-sight requirements and no-fly zones; and (7) data protection compliance for drones with cameras or sensors. Applications for beyond-visual-line-of-sight (BVLOS) operations and flights in restricted airspace require additional permissions. We advise commercial drone operators on the full regulatory framework and assist with all KCAA applications.

Yes, but foreign airlines must operate under a bilateral air service agreement (BASA) between Kenya and the airline's home state. The BASA defines the routes, frequencies, capacity and traffic rights (freedoms of the air) available. The foreign airline needs: (1) designation by its home state under the BASA; (2) a Foreign Air Operator Permit from KCAA; (3) compliance with Kenya's aviation safety and security requirements; (4) adequate insurance; and (5) appointment of a local representative. Kenya is also a signatory to the Yamoussoukro Decision (1999) on air transport liberalisation within Africa and has committed to the Single African Air Transport Market (SAATM), which aims to liberalise intra-African air services. We advise foreign airlines on market entry, regulatory compliance and route authority applications in Kenya.

Under the Civil Aviation Act 2013 and KCAA regulations, all aircraft operators must maintain: (1) hull insurance covering the aircraft against physical damage; (2) third-party liability insurance covering damage to persons and property on the ground; (3) passenger liability insurance meeting Montreal Convention minimum coverage or as required by KCAA; (4) cargo liability insurance; and (5) war risk and allied perils insurance where required. Operators of commercial air services must demonstrate adequate insurance as a condition of their AOC and ASL. Specific coverage limits and requirements vary by operation type — scheduled airline, charter, aerial work, training. We review aviation insurance policies, advise on coverage adequacy and represent clients in coverage disputes and claims.