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{
    "id": 345362,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/345362/?format=api",
    "text_counter": 759,
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    "content": "Mr. Temporary Deputy Speaker, Sir, the International Civil Aviation Organization (ICAO) Universal Safety Oversight Audit Programme and the universal security audit programme findings of 2008 indicated that the legal framework for regulation of the aviation sector, especially the Civil Aviation (Amendment) Act of 2002 required some amendment to provide for continuous surveillance of aviation matters and operations in the country. This followed some of the incidents we had in terms of aircraft accidents in West Africa and all that. The audit said there are some things that needed to be put in our laws. The process of revising the Act began at that time and has culminated in several revisions--- With the advice of the Office of the Attorney General, we said instead of bringing them as miscellaneous amendments, or as amendments to the Act, it was good to have the whole Act revised and also to bring it in tandem with the new Constitution, because several references may have changed. Mr. Temporary Deputy Speaker, Sir, the Bill seeks broadly to ensure that it is in line with the Constitution, to discharge our international obligations to the State as set out under Article 12 of the Chicago Convention on International Aviation that was signed in Chicago in 1944, to which Kenya is party. It also seeks to ensure State compliance with Chicago Convention by integrating ICAO standards and recommended practices, international legislation and also to address some of the issues that came out of the audit that was conducted in 2008. Most importantly, it also seeks to establish an aviation tribunal and to provide for compounding offences under the Act with a view to providing expedient dispute resolution mechanism and enforcement within aviation matters. We are also looking at enhancing some applicable fines and penalties to persons who are found guilty of offences under the Act to make them more deterrent, as well as enhancing the regulation of the aviation security, empowering the Director-General to have some limited powers to issue exemptions on operational matters; mainly in order for Kenya to achieve progress in the re-certification process for the international aviation safety assessment, Category one, the country has to demonstrate progress made in respect to the legislative framework. This is very important. We have been talking about direct flights from Kenya to the United States, unless we get a Category One status, re- categorization, we will not be able to make those flights and that will not be achieved unless we demonstrate that we have revised our law to be in tandem with what ICAO requires. So, again, there are some typographical errors that had to be removed and to address some of the potential conflict of interest within the Authority and the Board as it is currently under the Act that was passed in 2002. So, this is cleaning up and also updating the law to ensure that it is in line with the new Constitution, in response to the current challenges and ICAO regulations and demonstrate to the world that Kenya is ready to become aviation hub for this region. We are already there but our legislation has been left behind. So, I will call upon the Members to pass this Bill, so that we can give our aviation industry the push it requires and for it to be the pride of Africa as it should be. Mr. Temporary Deputy Speaker, Sir, I beg to move and invite my good friend, hon. Ogindo, to second."
}