Kenya
Answer ... The Kenya Civil Aviation Authority (KCAA).
Kenya
Answer ... The aircraft register contains the following information -
- the nationality mark of the aircraft, and the registration mark assigned to it by the KCAA;
- the name of the manufacturer and the manufacturer’s designation of the aircraft;
- the serial number of the aircraft;
- the name and address of the owner or everyone that is entitled as owner to a legal interest in the aircraft or a share therein (where it is a lease or a financial arrangement, the details of the lessee, lessor and the financier);
- the name or logo of the KCAA;
- the number of the certificate of registration; and
- the conditions under which the aircraft is registered.
The above information is made available upon a party making a formal request and paying the applicable fee of KES 3,000 (equivalent to $30) to the KCAA, which will then provide an extract of the register relating to the aircraft.
Kenya
Answer ... Requirements for registration of an aircraft: The registration of aircrafts in Kenya is governed by the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2018. Under Regulation 4 of the regulations, an aircraft is eligible for registration if it is:
- either owned or leased by a citizen of Kenya, an individual citizen of a foreign State who is lawfully admitted for residency in Kenya, a corporation lawfully organised and doing business under the laws of Kenya, or a government entity of Kenya; and
- not registered under the laws of any foreign country.
A person that wishes to register an aircraft in Kenya must apply for aircraft acceptance by submitting a duly completed prescribed application form, Form AC-AWS001C, to KCAA.
The following information and documents are required to register an aircraft:
- documents of ownership of the aircraft (bill of sale);
- a written notice submitted to the KCAA by the owner of the aircraft authorising and identifying the person making the application on behalf of the owner;
- in case of a body corporate, a written notice stating the name and address of an officer of the body corporate who may be served with documents, including the registration certificate issued by the KCAA; and
- for imported aircraft that were previously registered in a foreign country:
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- a cancellation certificate or statement issued by the authority responsible for registration of aircraft in that country stating when the registration was cancelled;
- a description of the aircraft that identifies it by reference to its manufacturer;
- if the aircraft has previously been registered in Kenya or anywhere else particulars of the registration mark, if it has been reserved for the aircraft;
- the name and address of each person who holds a proprietary interest in the aircraft and a description of the person’s property interest;
- airworthiness report;
- customs clearance (or exemption) certificate;
- a certified copy of the aircraft’s current insurance certificate
- the name and address of the registered owner if different from paragraph (d); and
- physical station where the aircraft will be usually stationed.
Registration process: The process of registration of an aircraft under the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations is as follows:
- An application for registration in the prescribed form is submitted to the KCAA. The application should be accompanied by the prescribed application fees and the relevant documents set out above.
- Upon receipt of the application, the KCAA will review it and register the aircraft if the requirements for the application are met.
- The KCAA will issue the owner of the aircraft with a certificate of registration.
Effect of registration: Regulation 3 of the regulations provides that an aircraft cannot operate in Kenya unless it is registered with the KCAA, or in any contracting state to the International Civil Aviation Organization (ICAO) Convention or any other state that has an agreement with Kenya allowing its aircraft to fly in Kenyan airspace.
In addition, an aircraft registered in Kenya can fly in the airspace of any contracting state to the ICAO Convention or any other state that has an agreement with Kenya allowing its aircraft to fly in Kenyan airspace.
Effect of deregistration: Once an aircraft is deregistered, it loses its Kenyan nationality, is struck off the aircraft register and cannot operate in Kenya. The aircraft may then be exported from Kenya.
Kenya
Answer ... Kenya is a party to the Cape Town Convention. The provisions of the Cape Town Convention apply in Kenya vide Section 3 of the Interests in Aircraft Act.
In addition to an irrevocable de-registration and export request authorisation as discussed in question 2 above, a lessor/financier may require a deregistration power of attorney to be executed by an operator as a deed.
Kenya
Answer ... There is no system for the registration of aircraft leases in Kenya. However, aircraft leases should be submitted to the KCAA for approval. Once executed and stamped, the lease should be submitted to the KCAA for approval together with the following documents and/or information:
- the name and address of the lessor;
- the name and address of the lessee;
- the aircraft registration, type and serial number;
- the duration of lease;
- a certificate of registration with respect to the aircraft;
- a certificate of airworthiness with respect to the aircraft;
- details of insurance with respect to the aircraft; and
- a letter authorising sub-lease/power of attorney or lease termination as applicable.
Once the KCAA has reviewed the lease, if satisfied, it will issue a letter confirming its approval of the lease. The lessor’s and the financier’s interests are noted on the certificate of registration of the aircraft.
The approval is usually granted for one year and upon expiry, the operator must renew the approval in order to continue operations in Kenya.
Kenya
Answer ... Kenya does not maintain an aircraft mortgage register.
However, where an aircraft is owned by a Kenyan company, while this is not mandatory under law, it is advisable for the financier to require the owner to register a charge over the aircraft with the registrar of companies. This offers additional protection to the financier even where the mortgage is registered as an international interest. Registration of the charge serves as notice to third parties of the existence of the charge. Additionally, if the security interest has not been registered at the International Registry, registration determines the priority of interests at the time of enforcement.
In order to perfect the charge under the Companies Act, the charge must be assessed for stamp duty at the rate of 0.1% of the secured amount. The stamped charge should be presented to the registrar of companies together with the duly completed statutory form for registration. For charges created in Kenya, the stamped charge should be presented for registration within 30 days of the date of the charge. Where the charge is created outside Kenya, it should be presented for registration within 21 days of the date of its receipt in Kenya.
After registration, the registrar of companies will issue a certificate of registration of mortgage.
A registered charge will take priority over all unregistered and subsequent charges.
Failure to register the charge within the statutory deadline of 30 days after the charge is created, or 21 days from the day on which the charge arrives in Kenya where the charge is created outside Kenya, will result in it being void as against a creditor, liquidator or administrator in case of the owner’s insolvency.
If the charge is not registered within the specified deadline, an application for an order for registration of the charge out of time may be made to the High Court.
A charge is deregistered when the sums secured under the charge have been paid off in full.
Kenya
Answer ... No. According to Regulation 4 of the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, an aircraft is eligible for registration if:
- it is owned or leased by a citizen of Kenya, an individual citizen of a foreign state who is lawfully admitted for residency in Kenya, a corporation lawfully organised and doing business under the laws of Kenya, or a government entity of Kenya; and
- it is not registered under the laws of any foreign country.