Strict Penalties for Unauthorised Drone Operations in Kenya

By Kennedy Nalyanya

Nairobi, Kenya – Individuals and entities operating drones in Kenya without adhering to the comprehensive regulations set forth by the Kenya Civil Aviation Authority (KCAA) face severe penalties, including hefty fines, significant prison sentences, and immediate confiscation of their unmanned aerial vehicles (UAVs).

The KCAA's Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020, outline a stringent framework designed to ensure aviation safety, national security, and public privacy. Non-compliance with these regulations can result in fines of up to KES 2 million, imprisonment for up to three years, or both. Additionally, any drone found to be operating illegally is subject to immediate confiscation.

Key requirements for drone operators in Kenya include:

• Licensing: All commercial drone pilots must obtain a Remote Pilot License (RPL) and, for certain operations, a Remote Aircraft Operators Certificate (ROC) from the KCAA.

• Registration: Every drone must be registered with the KCAA before operation, a mandatory step for traceability and accountability.

• Insurance: Operators, particularly commercial ones, are required to have adequate third-party liability insurance to cover potential damages or injuries.

• Airspace Authorizations: Drones must be operated within designated airspace and adhere to strict rules regarding altitude, proximity to airports, and no-fly zones. Special permits are required for operations in restricted or sensitive areas, night flights, or beyond visual line of sight (BVLOS).

The regulations emphasize the importance of responsible drone usage, with authorities actively monitoring operations to enforce compliance. The penalties serve as a deterrent against unauthorized flights, which can pose risks to manned aircraft, public safety, and individual privacy.

Recent developments, such as the approval of the Konza National Drone Corridor, indicate Kenya's commitment to fostering drone technology while maintaining a robust regulatory environment. However, authorities continue to underscore that innovation must proceed within the bounds of the established legal framework to ensure safe and secure skies for everyone.