National Civil Aviation Administrative Review Tribunal

Establishing statute

The tribunal is established under Section 66 of the Civil Aviation Act No. 21 of 2013(The Principal Act) and Civil Aviation Amendment Act No.42 of 2016.

Mandate and jurisdiction

It hears and determines appeals against the orders of the Director-General or the authority in accordance with the relevant provisions of the Act or regulations.

The tribunal has jurisdiction to hear and determine complaints or appeals arising from;

  • Any refusal to grant a license, a certificate or any other authorization by the Authority or transfer of a license under this Act or regulations made thereunder.

  • The imposition of any condition, limitation or restriction on a license under this Act or regulations made thereunder.

  • Any revocation, suspension or variation of a license under this Act or regulations made thereunder.

  • Any amount of money which is required to be paid as a fee under this Act or regulations made thereunder.

  • The imposition of any order or direction by the Authority under this Act or regulations made thereunder.

  • consumer protection compliance and enforcement activities related to areas such as right violations, unfair and deceptive practices and unfair competition by air carriers and travel agents, deceptive airline advertising including fare, on-time performance, schedule, code sharing, and violations of rules concerning denied boarding compensation, ticket refunds, baggage liability requirements, flight delays and charter flights; or

  • any exercise of powers to make decisions, but not powers in respect of staff employment, granted to the Director-General or the Authority under this Act or regulations made there

un-der.

Membership and quorum.

Membership shall consist of the following;

  • a Chairperson nominated through a competitive process by the Judicial Service Commission, who shall be a person qualified for appointment as a Judge of the High Court of Kenya;

  • an advocate of the High Court of Kenya nominated by the Law Society of Kenya through a competitive process with knowledge, experience and professional qualifications in aviation law;

  • two persons to be recruited through a competitive recruitment process from the aviation industry who shall have knowledge and experience in aviation matters;

  • one other person recruited competitively and who shall be a holder of such other qualifications and experience of proven ability in such other fields as the Cabinet Secretary may deem necessary.

The Chairperson and two other members of the Tribunal shall form a quorum.

Location

Transcom House,3rd floor, Ngong Rd.

P.O Box 52692-00200

Tel 0733474839/0720453821

Open

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