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UAS Laws – General rules for flying drones in Kenya

The Kenyan agency responsible for drone safety, KCAA, has provided several internet-accessible details on flying for fun or work. The highlights are enumerated below. For more details, go to the link above.

Are drones allowed in Kenya?

According to KCAA, drone use is allowed in Kenya, subject to KCAA regulations. Read on for more details.

Here are the most important rules to know for flying a drone in Kenya:

Kenya categorizes drones according to the risk of the flights:

• Category A: low risk (up to 25 kg)
  • Provided that operations are conducted within Visual line-of-sight (VLOS) only.
  • Specified distances from airports and people.
  • Maximum height of 400ft above ground level (AGL).
  • Flights shall take place upon notification to the Authority.
• Category B: medium, regulated lower risk
  • This operation category would require operational authorization from an Aviation Authority before the flight(s) taking place.
  • Appropriate limitations/restrictions would be applied based on the type of operation, the complexity of the UAS, and the specific qualifications and experience of operating personnel.
  • Approval for the operation would be based on a safety risk assessment analysis and any mitigations employed to reduce any risks to an acceptable level.
  • This category encompasses operations where the risk to persons being overflown is more significant than what would be permitted in Category A, or involves sharing the airspace with other crewed or crewless aircraft; and
  • The operations shall be conducted within defined limitations (e.g., Visual line-of-sight (VLOS).
• Category C: high risk
  • UAS operations in this category shall be conducted in any airspaces not classified as prohibited, restricted, or dangerous and shall be subject to ATC instructions and guidance and at heights and lateral distances from any persons, buildings, or objects as prescribed in the Civil Aviation (Rules of the Air) Regulations. All operations under this category shall be approved or authorized by the Authority.
  • UAS operations in this category may be conducted within BVLOS provided that the RPA has the required capabilities and is fitted with the appropriate equipment. In addition, the pilot is suitably qualified and holds appropriate ratings for such an operation.
  • UAS in this category shall be issued with a Certificate of Airworthiness by the Authority based on the Type Certificate issued by the State of design/manufacture.
  • Personnel operating UAS in this category shall have a valid license issued by the Authority.

A Remote Pilot License is necessary for flights in categories B and C.

In category A, registration, a permit certificate, compliance with the following rules, and safety distances are sufficient.

• A person shall not transfer ownership of a drone without the approval of the KCAA.
• Operators must register their drone with the Authority and be issued with a certificate of registration.
• All drone operations must be conducted under a specific operational category based on risk factors.
• Commercial drone operations require a pilot to obtain a Remote Aircraft Operators Certificate (ROC) from the Authority.
• Drones shall not fly above 400 feet AGL or within 164 feet (50 meters) of any person, vessel, or vehicle that is not a part of the operation.
• A pilot shall not fly a drone in non-Visual Meteorological Conditions or at night unless authorized by the Authority.
• No person shall operate an Unmanned Aircraft System over a public road or along the public road at a distance of less than 164 feet (50 meters).
• A public roadway shall not be used as a place of landing or take-off of a drone.
• Operating a drone within 6.2 miles (10 kilometers) of an airport from the airport reference point for code C, D, E, and F airports is prohibited without authorization
• Operating a drone within 4.3 miles (7 kilometers) of an airport from the airport reference point for code A and B airports is prohibited without authorization.

How to register a drone in Kenya?

Drones now have to be registered with the Civil Aviation Authority (KCAA), and a certificate will be issued.

Applications for registration of UAS shall be submitted online at www.kcaa.or.ke The application shall be accompanied by the following documents:

• Identification documents
• Police clearance certificate
• Company registration document (if applicable)
• Photo of the UAS
• Type Certificate of the UAS (if applicable)
• Circuit diagram of the UAS (if applicable)

The Authority shall undertake due diligence when reviewing any requests for registration in conjunction with relevant government agencies.
Approval shall be granted upon successful review by the Authority, and a certificate of registration shall be issued.

According to the law, drones should be identifiable, which means the registration data must be attached visibly.

How to get a permit to fly a drone in Kenya?

Applications for registration of UAS shall be submitted online at www.kcaa.or.ke The application shall be accompanied by the following documents

• Identification document, i.e., passport
  Color photograph of UAS (front and side, on the ground, occupying most of the image size)
• A clear picture of the serial number of UAS
• Copy of drone pilot license/certificate
• Safety documentation containing at least emergency procedures in case of:
  • Control failure
  • Engine failure
  • Accumulator issues
  • Command and control data link failure
• Copy of a liability insurance document related to UAS operation Type certificate (if applicable)

The application shall undergo the vetting and evaluation process

Approval shall be granted upon successful review.

Additional Note for Foreign Operators

In Kenya, drone ownership is restricted to citizens, residents, businesses, and governments. This restriction would rule out foreign tourists, leaving only the option of renting a drone locally. The law does, however, include a 30-day temporary permit that may be appropriate for travelers.

See details below for each import type.