Aero-News 9 December 2005
AVIATION NEWS BULLETIN OF THE AERO CLUB OF
EAST AFRICA
Another Two Pilots Arrested
Two captains from a prominent Middle Eastern airline were arrested on Tuesday by Nairobi Police at the Regency Hotel for violating Kenyan airspace. The two, one American and one Swede, had come to Kenya as tourists and were flying their motorized paragliders through various tourist areas last week. Para-motors are popular aerial vehicles that in virtually all countries require no registration nor a pilot's licence. They don't need a runway or any piloting skills. If the engine fails, they just sink to the ground. The Kenyan Air Law, scripted in the eighties, makes no reference to such gliders and, as far as could be ascertained, there is no law against their use. That notwithstanding, the two para-motor pilots were seen somewhere near Mombasa and KCAA phoned us on Monday afternoon to ascertain whether any skydivers were jumping near Mombasa. We confirmed that there was no jumping activity there and heard no more.
The two para-motor pilots, totally oblivious to the fact that the police was now looking for them, drove back to Nairobi. One of the pilots was nursing a broken finger, because he had accidentally stuck his finger (!) in the propeller whilst his engine was running. After being patched up at Nairobi Hospital, they checked into the Regency Hotel and, on Tuesday afternoon (6/12/05) a gentleman in civvies approached them in the lobby and requested that they accompany him to "Kenya Civil Aviation Authority" to give a statement. As in the "Craig Hattle Case" last May, the trip to KCAA soon turned into a trip to the Jomo Kenyatta Airport police cells. So far, nobody from KCAA has interviewed the pair.
Since the time of their arrest, we began to receive increasingly desperate text messages. The US and Swedish embassies were advised and various interventions were attempted, including with KCAA and other state organs. This proved fruitless as the police had their own agenda and never seemed to have consulted KCAA to see whether or not any laws had actually been broken. The bottom line was another 'tragicomedy'. Yesterday, the two 'culprits' were driven in a police vehicle to stand trial in Mombasa; for what - nobody knew. They spent the night in a huge holding cell with some 200 other 'criminals' and were arraigned this morning in Court on a charge of "Flying a hot air balloon illegally". They had no legal representation, could not understand the proceedings between the Judge and the Prosecutor in the packed courtroom and were only asked: "Guilty or Not Guilty"? Of course, they had never flown a hot air balloon in their lives, but that detail did not matter. They were fined one year in jail, or a fine of KShs. 100,000.
We now know why handheld phones are called "cell" phones! They have their uses. Upon receiving the desperate SMS from the two accused, we managed to procure the 100,000 shs through some aviation-minded friends in Mombasa and the fine was paid. The two pilots are 'out' now, but the questions remain. What laws were broken? When will KCAA address the issue of paragliders, para-motors, and other aerial devices that fly in most countries of the world without the need for a licence or aircraft registration? Why has paragliding been 'criminalized' in Kenya? On 8 October, we asked KCAA for a meeting about these issues, pointing out that the new Draft Kenya Civil Aviation Regulations do not address modern flying devices adequately and that these must be resolved. So far, no meeting has been scheduled.
Meanwhile, it seems that nothing has been learned by the Kenya Police after the "Crag Hattle fiascho" in May, when a British pilot flew into Kenyan airspace and was arrested for flying his Cessna 182 into Nairobi's Wilson Airport without a proper clearance. Hattle spent several days in jail, was tried, convicted and fined 2500 shillings, and then re-arrested and deported. That incident was not conducive to attracting aerial tourists, and one can only hope that the Police and CID will learn some time soon to consult their colleagues from the Kenya Civil Aviation Authority before charging people for aviation crimes that are not crimes. Moreover, it would also help Kenyan Public Relations, if anybody accused of a crime were provided with public legal representation, before being subjected to a trial.
Whilst we are attempting to clarify with KCAA their stand on paragliders and para-motors, all enthusiasts in Kenya who are flying these aerial vehicles are advised to digest the above and draw some consequences.
ICAO Wants to Mandate High Resolution Transponders
The International Civil Aviation Organization in Montreal has issued a notice of proposed rule-making under ICAO Annex 6, Part I, in which it would be compulsory for "All Aircraft" to be equipped with a 'high resolution altitude-encoding transponder' from October 2006. As most pilots in Kenya will remember, it was not too long ago (2001) when our Kenya Civil Aviation Authority made Mode Charlie altitude-encoding transponders compulsory in Kenya. All aircraft owners complied (at a cost of $ 3000 plus) and every Kenyan aircraft now has Mode Charlie transponders, with a resolution of 100 feet. Airliners with TCAS II are able to 'see' Mode Charlie equipped planes very well, but this is apparently not good enough for the 'armchair quarterbacks" at the ICAO. They now want us to have Mode S transponders. These 25 foot resolution transponders cost over $ 6000 each.
In a letter to the Director-General of Civil Aviation, the Chairman of the Aero Club of East Africa pointed out that these high resolution transponders would not add to safety in the Kenyan context, and would pose a considerable financial hardship to Kenyan air operators. 80 % of all aircraft in are 'light', under 5700 kg all up weight. The Kenya Association of Air Operators also weighed in against the mandate to install Mode S transponders.
We are pleased to advise that, in a letter of response, the Director-General of Civil Aviation advised that KCAA has written to ICAO, proposing that the expensive Mode S transponders should only be mandatory for aircraft of 5700 kg AUW or more. Thanks are due to the D-G for understanding the predicament of Kenyan aviators.
Another Lawsuit Plagues Aero Club
We sadly have to advise members that another lawsuit has been filed against an officer of the Aero Club. Former ACEA members, Michael and Pernille Duckworth, have filed a civil suit in Nairobi against Aero Club Chairman, Harro Trempenau. The subject matter of this suit is the same as that brought by a local insurance broker against the Club in September. The Duckworths, who reside in Johannesburg and operate an insurance brokerage firm there called Westminster Insurance Brokers, have officially no insurance business in Nairobi. That notwithstanding, they claim defamation and other injurious afflictions stemming from a confidential letter written by Trempenau, in his capacity as ACEA Chairman, to the Commissioner of Insurance of Kenya, about the legality and methods of various insurance intermediaries operating in Kenya.
The Aero Club's legal advisor has filed a legal defence on behalf of Chairman Trempenau. We will keep members advised of progress.
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