Economy

Direct US flights beckon as Parliament clears last hurdle

KQ

Several airlines, including Kenya Airways, are reported to be interested in offering direct flights. PHOTO | FILE

Kenya has taken yet another step to securing direct flights to the United States with the tabling in Parliament of a Bill that addresses key concerns such as security and the independence of the aviation sector regulator.

The Civil Aviation Amendment Bill, sponsored by National Assembly Majority Leader Aden Duale, is expected to help Kenya meet the last of the long list of conditions the US authorities had set before opening its skies for direct flights from Nairobi.

“The principal object of this Bill is to amend the Civil Aviation Act, 2013 to address findings of the International Civil Aviation Authority (ICAO) and the Federal Aviation Administration (FAA) technical review for International Audit Safety Assessment (IASA) Category 1 Status as well as incorporating Articles of the Chicago Convention that had not been captured in the Act,” the Bill’s memorandum says.

MPs are expected to discuss the Bill even as it emerged that the US had issued an advisory listing Kenya as an unsafe airspace along war- torn countries like Iraq, Somalia, Syria, Ukraine, Yemen, South Sudan and Afghanistan.

But the US Embassy in Nairobi downplayed the notice, stating that it was working with the Kenyan authorities to ensure implementation of the direct flights.

“Neither the Notice to Airmen nor the website direct or suggest that airlines avoid Kenyan airspace. The issuance of the notice has no effect on continuing US efforts to support the Government of Kenya in meeting international standards for direct flights,” said the US.

Category 1 is a certification issued by America’s FAA after assessing a country’s physical infrastructure such as airports before allowing direct flights.

The assessment also measures the ability of a country’s aviation authority to hold airlines flying to the US to international standards.

The changes suggested to the Kenya Civil Aviation Authority (KCAA) Act after the US audit are meant to improve the aviation regulator’s ability to enforce standards that are acceptable to America.

“If the Bill is published as is, it will adequately deal with outstanding findings on previous ICAO audits and address the US concerns regarding direct flights,” the KCAA said in a statement.

READ: Kenya hopes for direct flights to the US by May

Kenyan airlines argue that direct flights to the US would immensely boost trade through a reduction in charges.

“We could easily save up to 20 per cent on cargo operation costs with direct flights,” Astral Aviation chief executive officer Sunjeev Gadhia said in a previous interview.

Direct flights are also expected to promote export of fresh produce and encourage more US tourists to visit Kenya.

If successful, Kenyan authorities expect direct flights from Nairobi to New York or Washington D.C. Currently, Senegal, Nigeria and South Africa are the only African countries with direct flights to US cities.

The KCAA, whose mandate is currently restricted to aviation safety, will handle all aviation security matters if the Bill is passed. Under the proposed law, functions that are currently vested with the KCAA have been directly placed in the director-general’s docket.

These include advising the government on matters of civil aviation, conducting search and rescue operations, accident investigations and the safety, security, economic and technical regulation of civil aviation.

The Bill also gives the KCAA the powers to set up surveillance systems in airports and other aviation facilities.

The responsibility of appointing the KCAA chairperson will also shift from the Cabinet Secretary to the President if the Bill is approved.

The proposed law is also expected to cause a reconstitution of the KCAA board to provide for its independence in decision making. The board is currently made up of four principal secretaries, the chairman, the director-general and five independent members competitively recruited.

Under the new regime, the board will be composed of a chairman, the director-general, three principal secretaries and four independent directors.
The tenure of the director-general will also be extended from three to four years renewable once.

The holder of the office will be expected to have 10 years of technical and managerial experience in the aviation sector, a departure from the current Act that does not specify the minimum period of experience.

READ: Kenya-US direct flights set to lower freight cost by 20pc

Transport secretary James Macharia said in a previous interview that Kenya will be ready for the direct flights once the Bill is passed.

“We have met most of the requirements and it is up to the National Assembly to hasten the process of passing the Civil Aviation Bill once it is taken to the floor of the House as this is the only remaining hurdle towards achieving direct flights to US,” said Mr Macharia.

Kenya has since 2009 unsuccessfully tried to achieve Category 1 status but has been thwarted by several issues, including insecurity related to militants from neighbouring Somalia.

Since 2013, the country has been moving to make required changes and it received a boost last year with direct flights being a part of a package of deals announced during US President Barack Obama’s visit last July.

Among the changes that have been made so far are separation of passenger arrival and departure terminals, clearing the flight path and fencing off the airport with the law change being the last step.

The Jomo Kenyatta International Airport in Nairobi has also hired more trained security personnel and acquired modern scanners for people and goods.

Several airlines, including Kenya Airways, are reported to be interested in offering direct flights.

Delta Airlines previously set a launch date for flights but cancelled due to security concerns.