Over recent years, the global aviation sector has witnessed the rapid growth of air travel in emerging markets. CR Advocates LLP prides itself on being a firm which provides aviation law expert in Kenya. We are experienced in all types of aviation- related work and in all categories of the Aviation sector in Kenya, which are: Domestic Airlines, International Airlines, Non-Scheduled operations like Private Charters and air cargo services; in the context of fleeting programs, high-value disputes, corporate transactions, Litigation matters, commercial contracts, real estate contracts, passenger claims, baggage and freight claims, and or development of aviation infrastructure.
Other transactions under our Aviation practice relate to Agreements for sale, purchase and leases of aircraft, airport infrastructure, licences, property leases, concessions, building operating transfers and operating or running business in the airports, drafting cargo and freight forwarding contracts and merger acquisitions.
Through the aviation legal services in Kenya, we provide and process necessary legal documents and formalities within the requirements of the Civil Aviation Act (21/2013) which provides for the control, regulation and orderly development of civil aviation in Kenya, the Kenya Airports Authority Act (Chapter 395 of the Laws of Kenya), which establishes the Kenya Airports Authority (KAA) with the mandate to manage, control and manage aerodromes and other related facilities in Kenya; the Passenger Service Charge Act (Chapter 475 of the Laws of Kenya), which provides for the imposition of service charge on passengers departing by air from an airport within Kenya, the Carriage by Air Act (2/1993), which gives effect to the application of the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air in Kenya; and the international interests in Aircraft Equipment Act, 2013, which gives effect to the Cape Town Convention on International Interests in Mobile Equipment and the Cape Town Protocol on the Convention to International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment.
In the midst of aviation legal services in Kenya, CR Advocates LLP is undoubtedly leading the aviation practice sector in Kenya. Starting from the regulatory frameworks, the firm has broad experience in this sector with respect to advisory work and drafting of documents on a wide range of aviation matters, including protecting, perfecting and enforcing ownership or security interests in aircraft, cross border aircraft purchase, mortgage of aircraft and aircraft parts, wet and dry leasing of aircraft as well as financing of the full range of aircraft-related transactions. As far as the lease financing capabilities of the firm is concerned, the firm advises on all sorts of aircraft purchase, lease, mortgage, licensing, and lien, etc. issues. Within the scope of aviation legal services in Kenya, the law firm also has significant significance in handling carriers’ liability resulting from casualties, collisions, pilotage, towing under Kenyan law and international conventions.
We also provide legal advice to various aviation corporate entities on the spectrum of employment and labour related issues such as cabin crew employee contracts, executive compensation and employee benefit plans and agreements, consultancy agreements, recruitment and dismissal of employees, assignment and secondment of employees, drafting and review of human resources policies and manuals and employment law compliance audits. Our regular advice to both local and international clients includes carriers’ liability matters under both Kenya law and international conventions, regulatory requirements for aircraft purchase, lease, mortgage, licensing and slot allocation. It is vitally necessary to protect and perfect the proper application of legal interest in aircraft ownership and all other related matters in the emerging market of aviation in Kenya.
We assist international aviation companies to comply with the requirements of the Kenya Civil Aviation Authority through the following applications:
• Application for licensing from aircraft service providers, operators and aerodromes
• Application for the registration of aircraft in Kenya
• Application for the certification of the airworthiness of aircraft
• Defending the enforcement of penalties and fines for breach of the relevant statutory provisions
• Defending any seizure and detention of aircraft or as a penalty for contravention of a specific statutory provision
• Acting for our clients to appeal decisions of the KCAA before the National Civil Aviation Administration Review Tribunal (NCAART) in case of any rejection of applications for licensing or penalties imposed against an aircraft.
We also regularly represent our clients in obtaining the following different categories of air service licences in Kenya:
• Scheduled air service license (e.g., transport of passengers and cargo)
• Non-scheduled air services license
• Aerial work services license (e.g., agricultural spraying and fire spotting)
• Flying instructions license; and
• Recreational flying license.
The incorporation of a special purpose vehicle (SPV) to hold shares of a new aircraft for off-balance sheet use, the creation of a purpose trust by which an offshore trustee will hold the shares of the SPV, the creation and review of security documentation for the financing of the purchase of new aircraft, and the registration of the security documentation under the applicable convention and associated protocol at the International Registry and additional requirements for aviation commercial transactions in Kenya.
We also provide legal consultancy on the Kenyan aviation regulatory framework, including commercial and technical licensing, as well as on international air law conventions and International Civil Aviation Organization (“ICAO”) Standards and Recommended Practices. Providing advice on commercial co-operation agreements, including code shares, blocked space or seat, joint ventures, and aviation services agreements, including ground-handling, catering, cargo consolidation, reservation systems, and general sales agents.