MPs block air service funds for weatherman, cite legal hurdle

Lawmakers have halted a plan by the government to secure sustainable funding for the Kenya Meteorological Department.

Members of the National Assembly’s Transport Committee have outrightly rejected a proposed amendment to the Air Passenger Service Charge Act that would have granted the weatherman a share of the revenue collected from airline passengers.

The proposed legislation sought to amend the Act to allocate a portion of the proceeds to the newly envisioned Kenya Meteorological Service Authority (KMSA).

However, the committee chaired by Ndia MP George Kariuki deleted the amendment, arguing that it referenced a legally non-existent entity.

In a report to be considered by the full House, the committee said passing the amendment before the formal establishment of KMSA would be a procedural error.

“The amendment seeks to ensure that the Bill does not allocate public funds to a non-existent authority by removing reference to the Kenya Meteorological Service Authority that is yet to be established in statute,” the committee report reads.

The committee argues the amendment has come before the enactment of the Meteorological Bill, 2023, which is yet to be considered in all the stages of approval.

“If this amendment to the Air Passenger Service Charge Act (Cap 475) passes earlier than the creation of the authority, funds will be earmarked for an entity that is legally non-existent,” the team said.

The government’s push for this funding stems from the weatherman’s role in aviation safety.

The Bill also seeks to reallocate the proceeds designated to the Tourism Promotion Fund to the Tourism Fund, to limit duplication of roles.

The two entities are earmarked for merger into a single entity following a Cabinet resolution in January.

The Tourism Fund, Kenya Civil Aviation Authority and Kenya Airports Authority are the current beneficiaries of the service charge.

Passengers departing by air from an airport within Kenya are charged at $50 for foreign trips and Sh600 for domestic journeys.

Currently, the proceeds are apportioned between KAA (60 per cent), KCA (20 per cent) and Tourism Fund (20 per cent) – for the foreign trips.

Proceeds of local trips for the three agencies are shared in the ratio of 50 per cent, 30 per cent and 20 per cent, respectively.

The stakes are high. About Sh23.5 billion was netted into the kitty from foreign trips in the 2024 period, factoring the 3.6 million international departures.

Local trips earned Sh1.6 billion, that is from the 2,647,500 departures reported in the period.

The government wants Kenya Met to also benefit from the cash, citing the crucial role it plays in aviation safety.

KMD is held as helping KCAA with services that are essential to the safety, efficiency and regularity of national and international air navigation.

It provides accurate, real-time meteorological information and briefings to pilots, air traffic controllers and airport operators.

MPs, however, maintain there is a need for the House to enact legislation that defines an equitable formula for sharing the funds.

“As the aviation sector continues to expand, the revenue generated from this charge is expected to increase significantly,” the committee observed.

Several aviation stakeholders spoke on the Bill, with Kenya Airways saying it supports the inclusion of the Met department as a new recipient.

It cautioned that any change in allocation should be structured so that it does not reduce the resources available to KCAA and KAA.

KQ further warned that introducing funding from passenger charges may affect cost distribution between passengers and operators.

While it supports the move, KCAA says the allocation to the Meteorological department shouldn’t affect its portion either.

“It should not affect the current apportionment to KCAA because the apportionment amount was arrived at based on the ICAO cost-recovery Principle 3,” the agency told MPs.

The Environment ministry said the Bill presents a ‘unique opportunity to secure sustainable funding for the proposed Met authority’.

It holds that meteorological services “constitute an indispensable component of civil aviation, providing the scientific basis for safe, regular, and efficient operations of aircraft.”

Roads ministry said the Bill is to provide KMSA with a dedicated funding stream to fulfil its mandate effectively.

 

INSTANT ANALYSIS

While the government’s aim to fund the critical Met Department is sound, MPs are correct to insist on legal propriety. The setback is procedural, not ideological, suggesting funding is likely delayed, not denied. The path forward is clear: to fast-track the Meteorological Bill to establish the authority legally.