Nandi Hills Member of Parliament (MP) Benard Kibor Kitur has raised concerns over the use of drones in the Kimasas Cooperative -Sitoi estate.
Kitur wrote a letter to the Data Protection Commissioner, Immaculate Kassait, requesting an investigation into Eastern Produce’s use of drones in the estate.
In the letter dated January 27, Kitur asked the Commissioner to intervene stating that it is a matter of potential privacy infringement.
Kitur claimed Eastern Produce uses surveillance drones to monitor the activities of the residents, specifically targeting the squatters who were allocated land in the area following a court ruling.
“While I understand the importance of maintaining security, the manner in which these drones are being operated without the consent of the residents may constitute a breach of privacy under the Data Protection Act, 2019,” Kitur said.
He stated that surveillance has caused undue distress and created an atmosphere of intimidation among those who are lawfully occupying the land.
Requests to the Data Protection Commissioner
The MP requested Kassait to investigate the legality of Eastern Produce’s drone operations in the area.
Additionally, he asked the Commissioner to determine whether proper approvals and justifications were provided for this surveillance.
Kitur also wants Kassait’s office to ensure that the rights of the Kimasas residents are upheld in compliance with existing privacy laws.
“Your prompt action in addressing this matter will help safeguard the dignity and privacy of the residents while fostering trust in our institutions,” he said.
He emphasized that respect is paramount and cuts both ways.
He revealed that the residents use open washrooms and drones make them uncomfortable.
“Squatters use open washrooms (open toilets and bathrooms)- being somewhat temporary structures that drones when taking pictures and videos make many discomforted on their need for Human privacy,” he said.
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Licenses & Permissions to Use Drones in Kenya
The Kenya Civil Aviation Authority (KCAA) identify drones as Unnamed Aircraft Systems (UAS).
A Kenyan citizen or resident must be at least 18 years old in order to own and operate a drone.
They must also register the drone with KCAA for Ksh3,000.
Importing or exporting drones is only allowed with the approval of the KCAA.
Additionally, foreign nationals cannot own a drone in Kenya but are allowed to lease them locally for the duration of time they shall be in the country.
Foreigners can also apply to the Authority prior to their visit for a 30-day temporary permit at a Ksh20,000 fee.
Kenyans who intend to use drones for commercial purposes must obtain a license as drone pilots and a Remote Aircraft Operators Certificate (ROC).
Additionally, the Kenya Civil Aviation Authority (KCAA) must approve any transfer of drone ownership.
Also Read: How Rwanda is Using Drones to Fight Crimes
Rules of Operation
- Height and distance- Drones shall not fly above 400 feet AGL or within 50 meters of any person, vessel, or vehicle that is not a part of the operation.
- A pilot shall not fly a drone in non-Visual Meteorological Conditions or at night unless authorized by the Authority.
- No person shall operate an Unmanned Aircraft System over a public road or along the public road of at a distance of less than 164 feet (50 meters).
- A public roadway shall not be used as a place of landing or take-off of a drone.
- Operating a drone within 7 kilometres of an airport is prohibited without authorization
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