The Commercial Drone Industry in Kenya: Navigating Legal Hurdles

The commercial drone industry in Kenya has experienced significant growth in recent years, driven by the increasing demand for drone-based services in sectors such as agriculture, infrastructure, and wildlife conservation. The use of drones for aerial photography, surveillance, and data collection has opened up a multitude of business opportunities for local entrepreneurs, contributing to the country's economic development.

Despite this potential, the commercial drone industry in Kenya has faced legal challenges that have, at times, hindered its growth. In 2017, the Kenyan government introduced stringent regulations for drone operations, requiring operators to obtain permits from the Kenya Civil Aviation Authority (KCAA) and the Ministry of Defense. These regulations were met with criticism due to their complexity and high fees, leading to a temporary suspension of drone operations in the country.

In 2020, the KCAA introduced revised regulations, streamlining the permitting process and making it more accessible for commercial drone operators. Under the new regulations, drone operators are required to obtain a Remote Aircraft Operator's Certificate (ROC), with different categories based on the weight and purpose of the drone. Additionally, operators must adhere to strict operational guidelines, including flying within designated areas and maintaining a specified altitude.

While the revised regulations have facilitated the growth of the commercial drone industry in Kenya, further improvements are necessary to fully unlock its potential. By striking a balance between ensuring public safety and promoting innovation, Kenya can harness the power of commercial drones to drive economic growth and transform various sectors across the country.

This is a big step for Kenya, as it has long been dubbed a perfect lab for commercial drones, with many touting the new technology’s use in sectors including aid relief, agriculture, and real estate, according to a Quartz Media article.

We spoke with one of africanDRONE’s founders and avid drone pilot, Chris Oriso, who lives in Nairobi and is the founder of MicroDrone Africa. After feeling the need for better regulations and connections within drone use, Chris helped found africanDRONE to help drone pilots navigate the difficult and strict regulations behind drone use in Africa. “The motivations to start the organization came with a need,” says Chris. He explains how difficult it is to travel with drones, how many pilots and journalists couldn’t bring their drones across any borders or access the places they needed to for their work to collaborate and connect with other pilots. But under these new regulations, and with the help of organizations like africanDRONE, hopefully a new conversation regarding drone use, specifically in Kenya, will develop.

Chris was introduced to drone piloting in 2013 as more of a hobby, but he soon came to realize the potential behind drone piloting and businesses that use drones, which lead him to start businesses and organizations around drone use. This has allowed Chris to navigate the drone scene in Kenya and in other parts of Africa. He’s become well versed on the regulations behind drone use and he’s eager to see the transformation of drone use in Kenya as these regulations progress.

However, things are getting off to a slow start, due to the fact that there aren’t any organizations which train pilots in Kenya. As a workaround, the KCAA (Kenyan Civil Aviation Authority) has come up with some other ways for accepting registered pilots, like taking logged flying hours as proof of experience and accepting foreign drone licences, explained Chris. Since the regulations have been changed and because there seems to be a blurry area regarding suitable applicants, there has been an influx of applications coming in which has backed authorities up about 6 months, said Chris. But, luckily, he thinks the waiting game is almost over. With the legalities and logistics of the new laws in place, the KCAA can begin to go through the applications.

Although strict, the new regulations could be considered more lenient compared to some other countries like South Africa, Chris says. But what he thinks is going to be more of an issue are the fees involved with registering and owning and how they’ll be limited to those who are attempting to fly for small business purposes or for hobbyists. And Chris isn’t the only Kenyan that is skeptical of the new regulations.

An article posted on ITWeb Africa’s website reads, “Kenyans have criticized the new drone licensing regulation issued by the Kenya Civil Aviation Authority (KCAA), describing it as costly, a hindrance to innovation and out of reach for the majority of smaller operators.”

The fees stated under the new regulations are steep. All categories must pay the same fee of US$1,500 for a temporary permit, but for aspiring drone owners who seek to own, import, and operate vehicles in Kenya there is an additional requirement to contact the Ministry of Defense for approval. This, and other fees written in the new regulations will probably have a big impact on start-ups and hobbyists, and according to ITWeb Africa’s website, “the most common use of drones in Kenya is for video production and photography, primarily by smaller operators.”

So, the question stands, can Kenya develop a thriving industry with drone pilots under these new restrictions if the permits cost so much?

Chris thinks these regulations will help develop the industry in Kenya in many ways, but he suspects there will be two ends of the industry that will see the most adjustment. “I think things will change in a big way,” explains Chris. “It’s very clear that for a long time many people haven’t been able to get into the industry and use drones. These are mostly people who are wanting to start up in the industry but who were always aware of the ban on drones and thought nothing could be done. And the other change we’ll see are with large organizations with large projects that didn’t want to risk using drones in an environment where the regulations were unclear. I have a feeling these are two ends of the industry that are going to be most affected by these new regulations and I expect things to really grow, both in the beginner level and in the large corporate environment.”

As for those up and coming drone pilots in Kenya, we encourage you to do what you can to use these new regulations to your benefit and be part of what is becoming a new world for drone use. Chris had some helpful tips for beginners as his years of experience have taught him.

“I think the most important tip I would give to new upcoming pilots would be to know the regulations and be clear on the kind of business you want to build. There are many aspects to the drone industry; there’s photography, video, production, industry, and people flying drones for fun. New pilots need to be clear on what they can get and how much money they’ll need for the fees to pay the Aviation Authority. And that’s what they can do; practice, know your things, practice flying the drone, find out what you can do with the drone, and above all, do it safely.”

Chris Oriso is based in Nairobi. You can see his work at MicroDrone Africa.

Find out more on our Kenyan page on the africanDRONE website.