Jurisdictional mandate in incident investigations: The legal authority of the National Police Service in handling aircraft accidents under Kenyan law.
An entity's responsibilities can be inferred from its mandate. The borders between these roles can become unclear, particularly when dealing with complex issues like determining who is accountable for investigating aeroplane accidents. This essay will analyse the National Police Service's duty according to Kenyan law and its jurisdiction to investigate accidents, followed by a discussion on other relevant authorities.
The Kenyan Constitution, specifically Chapter Eleven, assigns the responsibility of upholding law, order, and peace in the country to the National Police Service ("The Constitution of Kenya," 2010). The responsibilities consist of preventing, detecting, and investigating crime, enforcing the law, and safeguarding life and property as outlined in the National Police Service Act of 2011. Nowhere does it specifically mention that the NPS is mandated to investigate aeroplane accidents.
The Kenya Civil Aviation Authority (KCAA) is specifically responsible for conducting accident investigations involving aeroplanes. The KCAA is tasked with air accident and incident investigation in Kenya according to Section 10(2) of the Civil Aviation Act (2013). Therefore, the responsibility for investigating commercial aviation accidents would be under the authority of the KCAA, not the NPS.
Emphasising the international standards set by the International Civil Aviation Organisation (ICAO) for aviation safety and accident investigation is crucial. According to Annexe 13 by ICAO, the primary goal of an accident enquiry is to prevent future accidents, rather than assigning blame or liability. The KCAA is responsible for regulating aviation in Kenya and ensuring that standards are upheld.
The Air Accident Investigation Department (AAID), a branch of the Ministry of Transport, Infrastructure, Housing, and Urban Development, plays a key role in this context. The AAID has clear authority over air accident investigations, collaborating with the KCAA to manage all procedural and technical components of these investigations.
The NPS is the main law enforcement agency in Kenya, however its role in aircraft accident investigation is limited and supportive, with the KCAA and AAID having the primary responsibilities.
Ultimately, under Kenyan law, the responsibility for accident investigations involving aircraft rests with the Kenya Civil Aviation Authority (KCAA) and the Air Accident Investigation Department (AAID) as a specialised body. The NPS offers essential assistance in maintaining the integrity of the wreckage and organising security at the accident sites. Separation of roles enables a more focused and efficient response to complex incidents by preventing overlap and ambiguity.
References.
Annex 13 to the Convention on International Civil Aviation
Civil Aviation Act, 2013
NPS Act, 2011
Statement on aircraft accident involving a training Cessna 172 and a Dash-8 aircraft.
Retired Policy Specialist - Aerodromes
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