Lawmakers have blocked a government plan to channel part of air passenger charges to the Kenya Meteorological Department, citing a legal gap.
The National Assembly’s Transport Committee dismissed a proposed amendment to the Air Passenger Service Charge Act that sought to allocate funds to the yet-to-be-formed Kenya Meteorological Service Authority (KMSA).
The committee, chaired by Ndia MP George Kariuki, struck out the proposal, explaining that the amendment would have directed money to an entity that has not been established in law.
“The amendment seeks to ensure that the Bill does not allocate public funds to a non-existent authority by removing reference to the Kenya Meteorological Service Authority that is yet to be established in statute,” the committee noted in its report to the House.
The team further argued that the Meteorological Bill, 2023, which provides for the creation of KMSA, has not gone through all legislative stages.
“If this amendment to the Air Passenger Service Charge Act (Cap 475) passes earlier than the creation of the authority, funds will be earmarked for an entity that is legally non-existent,” the report stated.
The proposed change was part of wider amendments that also include shifting the Tourism Promotion Fund to the Tourism Fund to avoid duplication of roles.
Cabinet had earlier resolved that the Tourism Fund and the Tourism Promotion Fund be merged into a single agency.
At present, proceeds from the Air Passenger Service Charge are distributed among three institutions: the Kenya Airports Authority (KAA), Kenya Civil Aviation Authority (KCAA) and the Tourism Fund. Passengers departing from Kenyan airports pay $50 for international flights and Sh600 for domestic trips.
Of this, 60 per cent of revenue from foreign trips goes to KAA, 20 per cent to KCAA, and 20 per cent to the Tourism Fund. For local trips, KAA takes 50 per cent, KCAA 30 per cent, and the Tourism Fund 20 per cent.
The stakes remain high as the kitty collected Sh23.5 billion from 3.6 million international departures in 2024, while domestic flights generated Sh1.6 billion from 2.6 million trips.
The government argued that Kenya Met should also benefit from this pool of funds due to its critical role in aviation safety. The department supports KCAA by providing real-time weather updates and briefings to pilots, controllers, and airport operators, helping to maintain safe and efficient air navigation.
The committee, however, insisted that a proper legal framework must first be in place to guide revenue sharing. “As the aviation sector continues to expand, the revenue generated from this charge is expected to increase significantly,” the report said, stressing the need for equitable allocation.
Aviation stakeholders also weighed in. Kenya Airways expressed support for allocating resources to the Meteorological Department but cautioned against reducing the funding available to KCAA and KAA.
The airline further warned that adding another beneficiary could shift cost burdens between passengers and operators.
