Guidelines of Operating Unmanned Aerial Vehicles: Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019 Act

Guidelines of operating unmanned aerial vehicles
Aerial vehivles have spurred innovation within the aviation industry globally. While there still
remain concerns such as safety and security issues, this aviation sub-sector is bound for
exponential growth and expansion. In line with this, there are certain guidelines that one needs to
abide by, to legally import, own and operate a drone either as an individual or as an entity.
Unmanned Aircraft Systems (UAS), popularly known as drones, are subject to regulatory
scrutiny from the Kenya Civil Aviation Authority (KCAA) under the Civil Aviation (Unmanned
Aircraft Systems) Regulations, 2020.1 Citizens, residents, businesses, and governments can own
a drone in Kenya. Under the new regulations, the operation of a drone with the Kenyan airspace
needs one to register it with KCAA at a Ksh 3,000 fee. Foreign nationals cannot own a drone in
Kenya. They are however allowed to lease a drone locally for the duration of time they shall be
in the country, or apply to the Authority prior to their visit for a 30-day temporary permit at a
Ksh 20,000 fee.
It is also worth noting that drone ownership cannot be transferred without the approval of
KCAA. The purpose of the UAS, and risk to public safety and security form the basis for
consideration by the Authority in registering, issuing of approvals and authorizations for
operations.
The Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020 categorizes drones based on
the risks posed by their operations, from low risks to high risks under categories, A, B and C.
That is Category A low risk (up to 25 kg), Category B medium normal risk, Category C high
risk.
An operator will require a Remote Pilot License for drone flights in categories B and C. The low-
risk drones require registration, a permit certificate, and compliance with rules that state that:
One cannot fly a drone above 400 feet Above Ground Level (AGL) or within 164 feet (50
meters) of any person, the vessel, or vehicle that is not a part of the operation. Flying a drone in
non-visual meteorological conditions or at night is prohibited unless authorized by KCAA.
Operating a Unmanned Aircraft System(UAS) over or along public roads at a distance of fewer
than 164 feet (50 meters) are not permitted. An operator shall not use public roads as take-off or
landing places.If the drone shall be used for commercial purposes, the Remote Aircraft Operators
Certificate must be applied 90 days in advance.
Ownership
You are eligible to own a drone if you are a Kenyan citizen of 18 years and above. Applicants
should also have a company registered in Kenya. National or county governments are also
eligible for ownership. Owners are not allowed to transfer the ownership of drones without
approval from the Kenya Civil Aviation Authority (KCAA). Only the national government is
allowed to run drones with military specs.
Suspension
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Civil Aviation (Unmanned Aircraft Systems) Regulations, 2019 Act
The authority can also suspend a drone license or cancel it in the interest of public safety or
national security, or for violating requirements and condition.
Commercial use cases
People or companies intending to use drones for commercial applications must apply for a
Remote Aircraft Operators Certificate (ROC) from KCAA. According to the regulations, ‘the
issuance of an ROC by the Authority is dependent upon the UAS operator demonstrating an
adequate organization, method of control and supervision of flight operations, training program
as well as ground handling and maintenance arrangements consistent with the nature and extent
of the operations specified and commensurate with the size, structure, and complexity of the
organization.
Importation of drones
People seeking to import drones must be authorized to do so by KCAA. The same applies to
people exporting drones because KCAA is mandated to deregister the device.

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Commercial use cases

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