NAIROBI, Kenya -The National Assembly’s Committee on Delegated Legislation has raised serious concerns over the persistent delays in concluding aircraft accident investigations in Kenya, calling for urgent reforms to improve the efficiency and transparency of the process.
Led by Committee Chairperson Samuel Chepkong’a (Ainabkoi), lawmakers questioned why aviation accident reports often take years to be finalized and made public especially in the wake of high-profile and fatal incidents.
The issue was brought to the fore during a session with officials from the Ministry of Roads and Transport, led by Cabinet Secretary Davis Chirchir.
The CS had appeared before the Committee to discuss the proposed Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024, which are aimed at enhancing aviation safety and providing a clear legal framework for conducting investigations.
CS Chirchir was joined by Principal Secretary for Aviation and Aerospace Development Teresia Mbaika, along with representatives from the Kenya Civil Aviation Authority and the Aircraft Accident Investigations Department.
In his remarks, the CS said the new regulations were designed to align Kenya’s aviation protocols with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to ensure more timely release of investigation findings.
However, citing recent tragedies including the helicopter crash that claimed the life of former Chief of Defence Forces General Francis Ogolla committee members pressed the CS to explain why the public often waits too long for conclusive reports.
“We have experienced several fatal aircraft accidents, including the one involving General Ogolla. Why do these reports take so long to come out?” Hon. Chepkong’a asked.
His concern was echoed by Committee Vice Chairperson Robert Gichimu (Gichugu) and Machua Waithaka (Kiambu Town), who both noted a pattern of delays in critical investigations that undermine public confidence.
CS Chirchir clarified that the Ministry’s mandate covers only civilian aircraft, and not military or police aircraft.
He explained that the investigation into General Ogolla’s crash falls outside his jurisdiction.
“Our responsibility does not extend to military or police aircraft. That particular incident is being handled separately,” he told the committee.
Addressing the broader issue of delays, Chirchir pointed out that ICAO guidelines recommend that investigations be concluded within 12 months, but acknowledged that real-world challenges often complicate this timeline.
“These investigations are complex and involve multiple stakeholders, including foreign governments, manufacturers, and regulatory bodies. Flight data recorders often need to be analyzed abroad, where manufacturers may already have backlogs,” he said.
He added that when foreign nationals are involved, their home countries and ICAO must also be consulted, further extending the timelines.
“Not everything is within our control, but we work hard to ensure final reports are released within a year,” Chirchir assured the committee.
Kenya has suffered a series of tragic aviation incidents over the years. In January 2003, a plane crash in Busia killed Labour Minister Ahmed Khalif and two pilots.
In April 2006, 14 people including five MPs died in a military crash in Marsabit.
In June 2008, Roads Minister Kipkalya Kones and Sotik MP Lorna Laboso died in a crash shortly after take-off from Wilson Airport.
The Ngong Hills helicopter crash in 2012 killed Interior Minister George Saitoti, Assistant Minister Orwa Ojode, two pilots, and two bodyguards.
More recently, in 2018, a Fly-SAX commercial flight crashed in the Aberdare ranges, killing all ten people on board.
During the session, MPs reviewed the draft regulations and suggested several changes to improve clarity, accountability, and response time in future investigations.
The Committee directed the Ministry to revise the proposed regulations and resubmit them for further scrutiny, promising continued oversight to ensure Kenya’s aviation safety framework meets both national expectations and international standards.
