Kenya Imposes Strict Penalties for Unlicensed Drone Operators in Film Industry

Drone operators in Kenya who neglect to obtain necessary licenses from the Kenya Civil Aviation Authority (KCAA) face severe penalties.

These include fines ranging from Sh6 million to Sh12 million, potential imprisonment from six to twelve years, or a combination of both. This stringent enforcement underlines the KCAA's commitment to regulating an increasingly popular sector, particularly as non-military drone usage expands within the filmmaking industry.

Currently, only 24 Remote Air Operator Certificates and 18 reseller/distributor approvals have been issued by the KCAA. The rapid rise in drone utilization for filmmaking, known for creating breathtaking visuals and significantly diminishing production costs, has demanded a more rigorous regulatory framework.

At a recent creative engagement forum, KCAA representative Francis Kigen emphasized the necessity for filmmakers to adhere to established regulations. He encouraged them to register with the KCAA and noted that the vetting process could take up to a month, involving collaboration from a multi-agency team.

Those interested in registering are advised to review the requirements, such as third-party insurance coverage and securing a letter of no objection from the intended flight area, all of which can be found on the KCAA’s website.
In a complementary initiative, the Kenya Film Classification Board (KFCB), together with the Sports, Arts, and Social Development Fund (SASDF), has launched the Creatives in Arts and Film Literacy (CAFiL) Program.

This program aims to empower creatives in arts and film, promoting content that aligns with Kenya’s cultural values while safeguarding children from inappropriate films. It has been introduced across various regions, including Nairobi, Kisumu, Nakuru, Embu, Machakos, and Mombasa. KFCB CEO Pascal Opiyo announced the development of a Regulators' Handbook for Film Practitioners in Kenya, created in conjunction with other regulatory agencies.

This handbook consolidates vital regulatory information to assist creatives in their work, encompassing topics such as audio-visual content regulation, drone usage in filmmaking, immigration requirements for foreign filmmakers, filming within game parks, tax incentives, copyright laws, and data protection measures. Opiyo called on creatives to leverage the handbook to access comprehensive information that will aid their projects.

He also indicated that the KFCB is revising various regulatory frameworks to cultivate a more favourable environment for the film sector. These proposed reforms aim to streamline the licensing process for filmmakers, ultimately enhancing the ease of conducting business in the industry. Recently, the KFCB took significant steps to redefine the role of film agents in Kenya, enabling local filmmakers to obtain licenses directly from the Board and bypassing intermediaries.

This shift is expected to facilitate a more efficient process and contribute to the growth of the local film industry.