NAIROBI —Kenyan lawmakers are demanding answers over what they call “unacceptable delays” and “opaqueness” in the investigation of aircraft accidents, especially those involving high-profile figures.
Appearing before Parliament’s Committee on Delegated Legislation on Tuesday, Cabinet Secretary for Transport Davis Chirchir was pressed on why many aviation crash reports are never made public or take years to surface.
“We have seen tragedies that shake the country,” said committee chair Samuel Chepkong’a, citing the helicopter crash in April that killed General Francis Ogolla, the former head of Kenya’s Defence Forces. “But months later, the public still knows nothing. Why the silence?”
The committee, meeting to discuss proposed regulations aimed at tightening the Civil Aviation (Aircraft Accident and Incident Investigation) framework, didn’t hold back. MPs expressed frustration over repeated instances where investigations appear to stall without clear timelines or updates.
Civil vs Military Mandate
In his response, Mr Chirchir explained that the ministry’s powers stop at civilian aircraft.
“Our mandate does not include military or police aircraft,” he said. “The investigation into General Ogolla’s accident, tragic as it was, falls outside our jurisdiction.”
He added that such probes are handled by military authorities and follow separate chains of command, beyond the purview of civil aviation bodies.
Why the Delays?
Chirchir acknowledged that delays in publishing civilian aircraft accident reports are a concern, but stressed the complexity of such investigations.
“International guidelines by ICAO recommend wrapping up within 12 months,” he said, referring to the UN’s International Civil Aviation Organization. “But that’s not always possible.”
Some crashes, he explained, require analysis of black boxes abroad, especially when Kenya lacks the technical facilities. Others involve international aircraft manufacturers and coordination across borders, which slows things down.
“We do our best to meet the 12-month target,” he said. “But we must be realistic about the time needed for accuracy and fairness.”
Long History of Tragedy
Kenya has a grim history of fatal aviation accidents, particularly involving public officials.
In January 2003, a government aircraft crashed in Busia, killing Labour Minister Ahmed Khalif and two pilots. Several others, including Martha Karua and Raphael Tuju, survived.
Three years later, in 2006, a military plane went down in Marsabit due to poor visibility. Fourteen people died, including five MPs on a peace mission.
Roads Minister Kipkalya Kones and MP Lorna Laboso died in June 2008, when their light aircraft crashed after take-off from Nairobi’s Wilson Airport. In 2012, Interior Minister George Saitoti and Assistant Minister Orwa Ojode were among six people killed in a helicopter crash in the Ngong Hills.
Even the commercial sector hasn’t been spared. In 2018, a Fly-SAX flight en route from Kitale to Nairobi disappeared over the Aberdare Ranges. All ten people aboard were later confirmed dead.
New Rules in the Pipeline
The new 2024 Civil Aviation regulations seek to change that. They aim to set clearer guidelines on how accidents are investigated, reported, and shared with the public. Also present at the meeting were Aviation Principal Secretary Teresia Mbaika and officials from the Kenya Civil Aviation Authority and the Aircraft Accident Investigations Department.
Still, MPs want more. Several, including Vice Chair Robert Gichimu and Kiambu Town MP Machua Waithaka, said clearer public communication is key.
“People need to trust that investigations are happening and that they’ll hear the results,” said Gichimu.
As Kenya’s aviation sector continues to grow, the demand for transparency may become just as important as safety itself.
