The Kenya Space Agency (KSA), which is the body mandated to promote, coordinate and regulate all local space-related activities, has published the first-ever regulatory proposal that’s poised to police the conduct of affairs within the emerging sector.
In the draft Kenya Space Bill 2024, KSA calls for the revocation of the Kenya Space Agency Order of 2017 through which former president Uhuru Kenyatta established the body as a successor to the National Space Secretariat, which had been formed in 2009.
In the Bill, the agency seeks to retain its current name but be anchored on a parliamentary Act, as opposed to an executive order, which will see it transform into a corporate body.
At the time of its Executive establishment in 2017, one of its mandates was to advise the government on creating relevant laws to drive the successful implementation of the Kenya space programme.
As part of the execution of the mandate, the agency has in the current draft proposed a host of measures that, if enacted by Parliament, will see it gain a broad range of enforcement powers.
The KSA proposes to assume the sole right of undertaking all space launch activities on behalf of the Kenyan sovereign, as well as establishing, approving and leasing launch sites.
“A Kenyan entity that undertakes launch activities in Kenya or overseas without the approval of the agency commits an offence and shall be liable on conviction to a fine not exceeding Sh100 million,” reads the Bill.
Approved entities shall be required to conduct operations in a way that prevents the contamination of outer space, avoids interference with the activities of other space objects, avoids breach of any of Kenya’s international obligations as well, and preserves national security.
Entities seeking to establish and operate space weather centres will also be required to obtain permits from the agency after submitting details regarding the purpose and use of the equipment, as well as its intended geographical location. A breach of the provision will attract a fine not exceeding Sh1 million.
The permit will also apply to firms seeking to manufacture, assemble, integrate, test, own or sell space objects, as well as those that desire to set up ground infrastructure for transmitting and receiving satellite data and signals or having space observatory stations.
Failure to comply will result in fines not exceeding Sh100 million and Sh200 million, respectively.
Firms undertaking space launch activities will procure insurance covers against third-party loss and damage or risk a Sh50 million fine, with the alternative of 10 percent of its gross annual turnover, whichever is higher.
The proposals, if adopted, will also empower the agency to form a commercial company as a subsidiary through which it will invest in capital infrastructure to generate income, subject to approval by the Defence Cabinet secretary and other relevant agencies.
“The agency shall promote the establishment of appropriate infrastructure to facilitate studies and research in space science and astronomy,” says KSA in the draft.
“The agency shall collaborate with other institutions in the collection, consolidation, archival, processing, analysis and dissemination of space science and astronomy data.”
Other mandates include supporting the registration of intellectual property rights of inventions in space science and technology, maintaining a national register for launched space objects, as well as continuous supervision and monitoring of authorised space activities.
The agency management shall comprise a board appointed by the Defence Cabinet secretary for a renewable three-year term and a director-general picked by the board, including other professional, technical and administrative staff.
