MPs annul drones rules over concerns on security, fines

Members of the delegated legislation committee of the National Assembly are shown how a drone is operated at JKIA on April 24, 2018. FILE PHOTO | NMG

What you need to know:

  • House team rules there was less public participation in drafting the regulations, in violation of the Constitution.
  • Additionally, the lawmakers pointed out inconsistencies in application of fines.
  • Move is a setback for firms that had plans to use Kenya as launching pad for innovative services

Kenyans looking to use non-military drones in the country will wait longer after MPs declined to approve regulations for the Unmanned Aerial Vehicles (UAVs), citing security concerns.

The Kenya Civil Aviation Authority (KCAA) published the drone regulations last year that legalised use of the remotely controlled aircraft but awaited Parliament to ratify them before taking effect.

A nod from MPs’ would have allowed Kenyans to acquire drones for sports, film shooting, relief services and commercial purposes.

The House, however, annulled the Kenya Civil Aviation (Remote Piloted Aircraft Systems Regulations, 2017) after finding fault with several provisions.

The committee on Delegated Legislation pointed out that there was less public participation in drafting the regulations, in violation of the Constitution.

Personal privacy

It also felt the proposed set of rules fell short of addressing issues that had been raised around safety, security and breach of personal privacy by drones in civilian hands under the Bill of Rights.

Additionally, the lawmakers pointed out inconsistencies in application of fines.

“The penalty imposed by regulation 56 of Sh5 million or six-month imprisonment, or both, contravenes Section 82 (4) of the Civil Aviation Act, which allows for the imposition of a fine not exceeding Sh2 million or three years imprisonment,” the committee’s chair Gladys Shollei said in a report tabled in Parliament.

Test drone activities

The freeze puts in limbo plans by US-based tech firms Facebook and Uber which in March sought approval to test drone activities in Kenya.

The same month had seen Nairobi selected among 23 global cities where flying cars (air taxi service) would be piloted by McFly.aero.

The annulled rules had proposed hefty fines on drone operators in breach of any of them.

Firms and individuals, however, faced a Sh2 million fine or six-month imprisonment for acquiring a drone with military specifications, operating one without a permit.

PAYE Tax Calculator

Note: The results are not exact but very close to the actual.