GAME OF DRONES; AN ANALYSIS OF THE CIVIL AVIATION (UNMANNED AIRCRAFT SYSTEMS) REGULATIONS, 2020

The ability to fly has always fascinated people. Something about being in the air intrigues young and old alike. Sometimes this is seen when young children are excited to see a plane flying for the first time. Sometimes it is seen through an adult filling their WhatsApp statuses with pictures taken inside an Airplane. Flying fascinates, flying enamours, flying intrigues.?The fascination is not just about travelling by air but also about the ability of drones to serve our everyday needs. An example of this is when drones give us breathtaking pictures of a beautiful wedding.????????

Far from reality, in the hit TV Show Game of Thrones, the power of flight is exhibited in glorious array. Khaleesi, a would-be ruler harnesses the power of flying creatures in the form of Dragons to move from oblivion to the centre of power dynamics in the war rich mystical land of Westeros. In the same way, Khaleesi harnesses Dragon power, hundreds if not thousands of average Kenyans make their daily living with the aid of Drones. Photographers, Videographers, Military Personnel, Travel Documenters, Weather Forecasters use drones, formally known as unmanned aircraft systems, to deliver quality images and videos of enemy rebels, lavish weddings and tomorrow’s weather.???

Increasingly, we live in an automated world where drone devices are used to deliver to us our daily experience even without our knowledge. This is why the Drone owning, leasing and licensing industry has grown by leaps and bounds, particularly in the last 5 years. Responding to this exponential growth, the Civil Aviation Authority in conjunction with the National Assembly developed the Civil Aviation (Unmanned Aircraft Systems) Regulations, 2020.????

As drone prices continue to take a nosedive as supply overrides demand and capacity for ownership, drones have moved from things you only saw in movies to things you can buy on Jiji or other e-commerce platforms.

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However, it is not as simple as just buying a drone.

Sire, what is required of me?

The Regulations have introduced stringer requirements to be met before someone can legally and commercially operate a drone in Kenya. One of those requirements is approval from the Civil Aviation Authority(CAA). Before manufacturing, selling or operating a drone within the Country, one needs to seek CAA approval using the prescribed form. And before CAA approves your request, you also need to get approval from the Ministry of Defence. The reason behind this is that unlicensed drones can pose a danger as terror groups can use drones to conduct terror attacks.

Who is worthy?

Additionally, you will also need to get a certificate of airworthiness which demonstrates that your drone is of good quality and can travel the air without endangering the lives of those on the ground. Once an Applicant satisfies the CAA of this, the Authority will grant them a Remote Aircraft Operators Certificate.?The Certificate is valid for 12 months and after the validity lapses, one can seek renewal.??Another intriguing introduction by the Regulations is that no one is allowed to pilot a drone before getting a Remote Pilot License. Secondly, no one is allowed to operate a drone within the Country if they are not a Kenyan citizen.?Foreigners are only allowed to lease a drone locally but they can get a 30-day temporary permit. [1]?

Pennies in the Air?

In terms of costs, getting a permit from the Civil Aviation Authority will make you incur several costs. A certificate of airworthiness will set you back Kshs 5,000 / = and getting the Remote Air Operator Certificate a further Kshs 80,000 / =. Some additional costs come with registration.

Final Landing…

Owning a drone is the easiest and cheapest it has ever been. However, to get a valid permit or license to operate one, there are some requirements to be met. It is also important to have a comprehensive sale or leasing agreement over the drone to ensure the transaction is milked for all its commercial viability.???

?[1] https://www.the-star.co.ke/opinion/columnists/2021-04-27-new-drone-laws-retrogressive/ ?????