A Kenya Defence Forces chopper that crashed while taking off in Buna, Wajir County on November 20, 2023.
The International Civil Aviation Organisation (ICAO) and the European Commission have expressed concerns over Kenya’s ability to investigate air accidents.
The aviation sector has experienced numerous accidents, whose causes are yet to be investigated. Consequently, ICAO believes there is a shortage of aircraft for emergency operations.
The doubt about the capacity to investigate has been amplified by the lack of an air accident investigations laboratory or qualified aviation engineers to conduct the complex probes related to such incidents.
A letter from ICAO to Kenya expressed concern about lack of the country’s participation in the international Accident Investigation Panel (AIGP), whose mandate is to assist states and international organisations to understand the operations of panels and determine their ability to nominate panel members.
The country’s nominee to the panel has never participated in the international civil aviation meetings for a long time.
“Our records indicate that Martyne Lunani, nominated by Kenya as a member to the Accident Investigation Panel (AIGP) has been inactive for the last few meetings. In accordance with the directive above, you are kindly requested to inform ICAO whether Kenya wishes to maintain its nominee on the panel," the letter reads.
"Alternatively, you may propose to replace the existing nominee. For a new nominee, the request must include the information required in 2.4.4of Doc 7984 and will be considered by ANC. If no reply is received within three months of the date indicated in this letter, ICAO will consider that Kenya has withdrawn its nominee from the AIGP,” the letter further reads.
In November 2023, the European Union Aviation Safety Agency (EASA), through the Kenya Civil Aviation Authority (KCAA) requested the Director, Aircraft Accident Investigations Department, Captain Martyne Lunani, to give information on accidents involving three Kenyan registered aircraft.
“The authority is in receipt of a request of information from the European Union Aviation Safety Agency (EASA) regarding the aviation system in Kenya. Specifically, one of the items under review is related to aircraft accidents and serious accidents investigation reports.”
Of specific interest were accidents involving Kenyan registered aircraft 5Y-CCE, Fokker 27 MK500 in Juba, South Sudan, 5Y-JSN Fokker27 MK050 that happened in Rubkona, South Sudan, 5Y-JXN, a Fokker 27050 that occurred in Mogadishu, Somalia.
KCAA requested the then Principal Secretary, State Department of Transport, Joseph Njoroge, to approve the nomination of Loise Mwangi, a State Safety Programmes Coordinator, to be the alternate panel member in the AIGP.
“To augment the work of the panel member and ensure continuity, we propose the authority nominates an alternate panel member. In this regard, KCAA nominates Loise W. Mwangi, State Safety Programme Coordinator, as an alternate member in the AIGP,” KCAA said.
The situation has been so critical that late last year, the government was forced to request the United Nations World Food Programme (UN-WFP) to use its Mi-17 helicopter in the aerial distribution of relief supplies in El Nino affected areas.
Only one National Police Service (NPS) owned Mi-17 chopper engaged in the Boni enclave operations is available on request for emergency aircraft accident investigations on request.
In one of the latest accidents in Buna, Wajir, a Kenya Defence Forces (KDF) chopper crashed moments after take-off from Buna hospital and on the same day, another crash involving a chopper registration number 5Y-SDL was also reported in Arbajan, Wajir.
Lack of successful aircraft accident investigations has been attributed to shortage of competent investigators, collusion with airline companies and allegations of government interference.
In September 2021, the National Assembly wrote to the KCAA, Ministry of Transport and the Kenya Airports Authority (KAA) expressing concern over rampant cases of plane crashes in the country.
The then Departmental Committee on Transport and Infrastructure listed a number of accidents and directed the Transport CS, PS, MD KAA and Director-General, KCAA, to attend a roundtable meeting to receive reports on the causes of the accidents and further find means of mitigating the problem.
“The committee has noted with concern rampant cases of air crashes within the country,” the clerk of the National Assembly wrote. Capt Lunani, has, however, said there are enough investigators although there is need for further training.
“The leading causes of air accidents are human related factors. In terms of personnel, we have seven investigators who are well equipped and fairly adequate capacity. There is a need to enhance training,” Capt Lunani said.
The delay in releasing such reports negatively affects the operators and the victims in terms of compensation and getting the safety recommendations. In June last year, the Public Service Commission (PSC) advertised the position of Deputy Director and four positions for Senior Aircraft accident investigators in the Air accident investigations department.
But after shortlisting for the four positions for Senior Aircraft accident investigators, all applications were termed as unsuitable.
Further, interviews for a deputy director position were conducted late last year and there was no suitable candidate found.
Experts have warned against headhunting of investigators, insisting that the department needs to urgently follow ICAO recommendations that demand that potential accident investigators must have considerable practical experience in aviation as a pilot or aircraft maintenance engineer.
Unfortunately, some of these probes including serious crashes have never been concluded.
Following concerns in 2016 after two police helicopters crashed within a month, the then Transport Cabinet Secretary James Macharia gazetted a team of investigators to establish the events that that led to the crashes of AgustaWestland AW139 registration 5Y-NPS and Bell registration number 5Y-COP that had crashed at Mathare and Wilson Airport respectively.
The findings have never been made public. In the 2018 ICAO Universal Safety Oversight Audit Programme - Continuous Monitoring Approach (ICAO USOAP-CMA) safety audit was conducted in Kenya.
The USOAP audit by ICAO included legislation, air accident investigations, organisation, licensing, operations, airworthiness, air navigation services and aerodromes.
In the latest audit, AAID scored 49.5 per cent, which is below the global average of 65 per cent, while KCAA had scored above 70 per cent, consequently lowering Kenya’s aggregate score.
USOAP is meant to promote global aviation safety through regular audits of ICAO Member States to determine their ability to maintain their safety oversight systems.
