Maraga Report: It was a mistake for military to control police choppers

Maraga-led task force said that the transfer of the Police Air Wing to NASD has hampered its operations. [File, Standard]

It was wrong to put the Police Air Wing under the management of the National Air Support Department (NASD), which lacks the capacity to maintain police helicopters.  

National Taskforce while recommending that the Police Air Wing should be restored to the exclusive control and management of the National Police Service (NPS), established that NASD, which is controlled by the Kenya Defence Forces (KDF) lacked the legal framework and operational structures to maintain airplanes.

Further, the agency, which was launched on December 21, 2020, was not regulated by Kenya Civil Aviation Authority (KCAA). The role of the multi-agency department was to coordinate and provide centralised management of all state- owned aircraft to enhance efficiency and cost-effectiveness in service delivery to the public.

However, the taskforce led by retired Chief Justice David Maraga in its report noted that the transfer of the Air Wing to NASD has hampered its operations and affected capacity in flight operations.

“Whereas the idea of pooling together for effective and economical utilisation of expensive national assets like aircraft, as other countries have done is laudable, the taskforce finds that NPS, an independent security organ with a clear and unshared constitutional mandate to maintain internal security, cannot effectively utilise the Air Wing when its operations are under or controlled by another organ,” says the report.

It emerged during collection of views the move led control and command challenges at NASD, which is led by a military officer. The taskforce was informed of instances when injured police officers had to wait for hours for air rescue.  

The Maraga team heard that NPS pilots have been rendered redundant as a result of the   merger with KDF, Kenya Electricity Transmission Company (KETRACO), Kenya Wildlife Service (KWS), Kenya Forest Service (KFS), Kenya Pipeline Company (KPC). 

The taskforce noted Gazette Notice Supplement No.  19 of February 18, 2022 clearly indicated that police aircrafts be maintained and operated under KCAA regulations.

“The taskforce notes that NASD is not regulated by the KCAA, who issue licences held by police pilots and engineers who maintain facilities,” stated the Maraga team.

It was also not clear whether NASD is regulated by the KCAA, the body responsible for ensuring that all non-military aircraft adhere to the requisite safety standards.

Two years ago, aviation stakeholders raised concerns after NASD expressed interest in repairing civilian aircrafts.

This after the agency sought the Approved Maintenance Organisation (AMO) certification from KCAA, the regulator. In their opposition to licensing NASD, stakeholders argued that the agency had failed on its mandate of maintaining police choppers, and therefore, should not be allowed the responsibility of managing civilian aircrafts.

“We’re talking about safety here; you’re licensing an amorphous organization to repair and maintain civilian planes. NASD doesn’t have the calibre of engineers satisfying AMO standards,” said a concerned pilot.

During presentations to the taskforce, police commanders strongly called for the return of the Air Wing to NPS, citing reduced operational effectiveness under the current arrangement.

The taskforce was informed by KDF that the decision to transfer the Police Air Wing assets to   NASD   was precipitated by a pattern of poor management, inept administration and technical failures to maintain service and operate the aircraft. 

Some stakeholders noted that police had lost aircraft in crashes and failed to keep the rest in safe and airworthy condition, necessitating the transfer.   

The NPS leadership, however, rejected the concerns, maintaining that instead of transferring the Police Air Wing, legal and administrative actions should have been taken to address the alleged failures. 

The Air Wing's key mandate is facilitating all forms of security-related aerial work by government agencies, including observation, patrol, photography, aerial survey, dropping of supplies and security equipment, and search and rescue.

“While reports of poor management, technical failures to maintain and operate the Police Air Wing may have prompted the decision to transfer its management to NASD, appropriate measures should have been taken to address the said failures as opposed to transferring the Air Wing to another agency,” noted the taskforce.

Among other key recommendations included, the Air Wing setting out mandatory requirements to adhere to KCAA standards on maintenance and airworthiness, including qualification, training, and relevant accreditation of professionals; and that National Treasury and Parliament should ensure the provision of adequate resources and budget support for the effective and optimal operation of Police Air Wing.