Kenya mulls law to punish unruly airline passengers

A new law will come into being if Parliament approves a request by Attorney General Githu Muigai to ratify an agreement allowing offenders to be prosecuted by host countries.PHOTO: COURTESY

Kenyans who cause trouble on international flights may soon have nowhere to hide.

A new law will come into being if Parliament approves a request by Attorney General Githu Muigai to ratify an agreement allowing offenders to be prosecuted by host countries.

The AG last week tabled a request in the National Assembly seeking the authority of the House to sign the protocol. This will seal loopholes that have seen unruly passengers walk scot-free even after committing acts deemed to be a threat to the safety of other passengers.

The Montreal Protocol, 2014 states a person who endangers the safety of other passengers aboard an aircraft will be subject to the laws of the country where the aircraft has landed, instead of its county of registration as is currently the case.

"A significant number of unruly passengers rarely face prosecution or other legal sanctions because of jurisdictional and other gaps in the current convention. In cases where an aircraft commander delivers such people to a State other than that of the country of registration, such a State of landing would often not have jurisdiction as the aircraft is registered in another State," the AG explained in his memorandum to Parliament.

UNRULY BEHAVIOUR

"As a result, unruly passengers get released to continue with their journey without facing punishment for their misconduct, which may jeopardise safety of the aircraft or persons therein."

According to the International Air Transport Association (IATA), 30 cases of unruly behaviour are reported every week.

Although cases of Kenyans causing trouble mid-air are not common, it opens the possibility for such people being tried away from home, even where the alleged offence is committed aboard national carrier Kenya Airways.

Among behaviours considered offensive under the protocol include assault against a crew member and refusal to follow a lawful instruction given on an aircraft. Others are smoking on board, disorderly behaviour and threatening other passengers while on board.

The protocol empowers the aircraft commander to deliver offending passengers to the State of landing with evidence of any unlawful acts committed mid-flight. Among the obligations imposed on Kenya by the protocol is an amendment to the Protection of Aircraft Act Cap 68.