A legal post-mortem of report on 2024 midair collision in Nairobi

An aerial view of Wilson Airport in Nairobi. [File, Standard]

The release of Preliminary Investigation Report 01/03/2024 by the Aircraft Accident Investigation Department is a watershed moment for aviation law in Kenya. While the report disclaims the purpose of apportioning "blame or liability," its factual disclosures provide an evidentiary foundation for what will likely be a landmark case in the law of torts and statutory duty.

On March 5, 2024, a Cessna 172M (5Y-NNJ) and a Dash 8 (5Y-SLK) occupied the same space at 6,100 feet over Nairobi National Park. The resulting collision claimed two lives and destroyed an aircraft. As a legal practitioner, the report reveals three critical areas of exposure that the Kenya Civil Aviation Authority (KCAA) and the respective operators must answer for. The primary legal defence in midair collisions typically rests on the "See-and-Avoid" principle enshrined in the Kenya Civil Aviation (Rules of the Air) Regulations. Under Visual Flight Rules, the ultimate responsibility for separation lies with the pilot-in-command.