Introduction

The drone industry is one of the fastest-growing industries in the world today. With technological frog leaps, it is near impossible to keep track of all upgrades available. Drones, also referred to as, Unmanned Aircraft System (UAS) are used for many things including industrial inspections, aerial photography, border patrol, emergency deliveries, crop surveys, recreation etc.

The economic implications of commercial drone use are undeniable as the global Drone market size is estimated to be worth USD 7.7 billion in 2022 and is forecast to a readjusted size of USD 17.52 billion by 2028 with a Compound annual growth rate of 14.7% during the forecast period 2022-2028. In the near future, the commercial use of drones will predominantly affect agriculture and infrastructure having a greater impact on the two; even more than on commerce.

The drone industry has the potential to create employment in the Kenyan market and to deliver problem-solving technologies across numerous industries. However, having more drones in the skies raises a number of concerns such as privacy and safety concerns, ranging from spying, collisions and crashes, cyber-attacks and terrorism etc.

To ensure safe drone operations, it is necessary to train and educate operators of drones as well as ensure compliance with laws and regulations set up by Civil Aviation Authorities.

Registration and Operation of drones

In Kenya, the ownership and use of drones is regulated by the Kenya Civil Aviation Authority (KCAA) which has gazetted a number of laws regulating the same. The KCAA categorises drones based on the risks posed by their operations from low risks to high risks under categories A, B and C.

Further, KCAA looks at other consideration such as the purpose of the drone and the risk to public safety and security before considering whether or not to register, issue approvals and/or authorise operations.

Individuals and organisations importing drones into the country are required to pay an importation fee of Sh3,000 and a similar amount to register their device with KCAA. To fly a drone in the Kenyan airspace, pilots are required to obtain a Remote Operators Certificate (ROC) that is issued for Sh80,000 and whose annual renewal cost is Sh50,000. Sellers of drones and those operating drone training academies pay similar fees.

You also need an airworthiness certificate that costs Sh5,000 while other charges ranging between Sh2,000 and Sh5,000 for services and certifications such as “Beyond Visual line of sight” and “Radio telephone exam” also apply.

Ownership

Only Kenyan citizens, residents, companies, and country and national governments are allowed to own a drone in Kenya. Foreigners can only lease the devices locally. The Unmanned Aircraft Systems Regulations 2020 provides for a 30-day permit that is issued to travellers at a cost of Sh20,000. In addition to the permit, foreigners also need an airworthiness certificate that costs Sh5,000.

Be Nice

Once you have received approval to operate your drone make sure that you (i) Don’t fly your drone over people or crowds of people, (ii) Respect other people’s privacy when flying your drone, (iii) Do not fly your drone near military installations, power plants, or other areas that could concern local authorities, (iv) Fly during daylight hours and only fly in good weather conditions, (v) Do not fly your drone near airports or in any area where aircraft are operating.

Conclusion

The drone industry presents an opportunity to Kenyans for job and wealth creation. The government needs to reduce the cost of compliance which is currently quite high. The risks that are born out of the use of drones also need to be mitigated by ensuring compliance with regulations.

In case you wish to own and operate a drone in Kenya, kindly seek the assistance of an Aviation lawyer who can walk you through the procedure.