Murkomen: Why Kenya must ratify joint air accidents treaty

Cabinet approved the memorandum on the ratification of the agreement in February this year.

In Summary
  • It is being entered into in accordance to the provisions of the UN’s International Civil Aviation Organization (ICAO) agency.
  • Kenya is a member of the ICAO having been elected as Part III member.
Transport Cabinet Secretary Kipchumba Murkomen when he appeared before the MPs on July 27, 2023.
Transport Cabinet Secretary Kipchumba Murkomen when he appeared before the MPs on July 27, 2023.
Image: COURTESY

Kenya will not suffer any financial implications should it ratify an agreement seeking to establish a joint regional air accidents and incidents investigations body, Parliament has been told.

Transport Cabinet Secretary Kipchumba Murkomen further told MPs that there are no constitutional implications to the country if the multilateral deal is signed.

“There are no budgetary changes and immediate costs that the country will incur, it is just signing and ratifying the agreement,” Murkomen said.

“The ratification will be incorporated into existing institutional frameworks the state department has made provisions for.”

Six EAC member states Kenya, Burundi, Rwanda, South Sudan, Uganda and Tanzania are parties to the agreement.

It is being entered into in accordance to the provisions of the UN’s International Civil Aviation Organization (ICAO) agency created through the Chicago Convention on International civil aviation in 1994.

The EAC Treaty which Kenya is a signatory requires that the partner states commit to ensuring air transport services are safe, efficient, and profitable.

The cabinet approved the memorandum on the ratification of the agreement in February this year.

Appearing before the National Assembly’s Committee on Transport chaired by Kimilili MP Didmus Baraza, the CS defended the move pointing out that many States have not been able to implement and effective air accident system.

This, he said, was due to insufficient resources allocated to meet the obligation noting with enhanced cooperation, such can be mitigated.

“Approving the agreement means that when an accident occurs in any of the territories of the members, a State can seek regional support if the required capabilities or resources are not available,” he explained.

The CS stated, “The Convention also allows States of occurrence to delegate the whole or any part of the conducting of an investigation of another state or regional accident and incident investigation organization by mutual arrangement of consent.”

On the planned amendment to the protocols relating to the Chicago Convention, Murkomen noted that this is consistent with the Constitution and promotes constitutional values and objectives.

Highlighting the benefits to the country, Murkomen said Kenya stands a chance to increase its commissioners at the Air Navigation Commission (ANC) from the current 19 to 21 for an increased representation in ICAO.

Kenya is a member of the ICAO having been elected as a Part III member.

The proposed amendment is to have four additional seats under Part II members which is the permanent council members.


WATCH: The latest videos from the Star