Francis Kigen from KCAA_Kenya making a presentation on 'Regulation of Drones' with focus on the filming industry. [courtesy]

Kenya Drone Operators Face Up to 12 Years in Jail for Operating Without License

Drone operators in Kenya who operate without the necessary licenses from the Kenya Civil Aviation Authority (KCAA) face severe penalties, including hefty fines and possible jail time.

Those found in violation could face fines ranging from Sh 6 million to Sh 12 million, or a prison sentence of six to 12 years, or both.

The KCAA, responsible for drone licensing in Kenya, has stated that only 24 Remote Air Operator Certificates have been approved, with 18 authorized resellers and distributors. The use of non-military drones, particularly in filmmaking, has surged recently, revolutionizing the film industry by providing breathtaking visuals and reducing production costs.

Francis Kigen from KCAA encouraged filmmakers to comply with licensing requirements, noting that the approval process, which includes vetting by a multi-agency team, can take up to a month. Filmmakers must meet specific requirements, such as obtaining third-party insurance and a letter of no objection from the intended flight location.

The Creatives in Arts and Film Literacy (CAFiL) program, an initiative by the Kenya Film Classification Board (KFCB) in collaboration with the Sports, Arts, and Social Development Fund (SASDF), aims to empower local creatives. It focuses on promoting content that reflects Kenya’s cultural values and protecting children from inappropriate films. The program has already been rolled out in various regions, including Nairobi, Kisumu, Nakuru, Embu, Machakos, and Mombasa.

In an effort to assist local creatives, the KFCB, in collaboration with other regulatory agencies, has developed a Regulators’ Handbook. This guide consolidates simplified regulatory information related to film creation, distribution, broadcasting, the use of drones, filming in game parks, copyright laws, and tax obligations. Pascal Opiyo, the KFCB’s acting CEO, emphasized the importance of the handbook for filmmakers and urged them to take advantage of the valuable information it contains.

To further support the growth of the film sector, KFCB has proposed revisions to regulatory frameworks to make the licensing process smoother for filmmakers. One such change allows local filmmakers to obtain licenses directly from the KFCB without the need for a film agent.

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