Kenya has announced the implementation of new guidelines to regulate foreign airline access, saying it wants to ensure "fair and balanced opportunities for foreign airlines while safeguarding the country’s strategic interests".

The initiative is led by the State Department for Aviation and Aerospace Development, which has established a technical evaluation committee (TEC) that will systematically assess all air access applications.

"As Kenya continues to honour existing air service agreements which facilitate cross-border air transport, it is important to ensure that all market access applications are evaluated systematically and consultatively and address potential areas of unfair treatment, including airport access, slot allocations, fund repatriation, key staff employment, advertising rights, and taxation," explained Davis Chirchir, transport cabinet secretary.

"We have engaged over the last months key sectors including trade, agriculture, tourism, private sector representation, as well as the Kenya Airports Authority (KAA) and Kenya Civil Aviation Authority (KCAA) to regulate our country’s air access, and we are on track in dealing with all the current applications through this tool," he added.

The government said the framework aligns with international standards under 1944 Chicago Convention, International Civil Aviation Organisation (ICAO), and World Trade Organisation (WTO) principles, promoting transparent, fair, and reciprocal air market practices.

"ICAO, in alignment with the World Trade Organisation, acknowledges the principle of differential treatment - recognising that nations possess varying capacities and development levels, and thus require tailored approaches to air transport liberalisation," it said.

Teresia Mbaika, principal secretary for the State Department for Aviation and Aerospace Development, reiterated the need to support the Kenyan aviation industry with a structured framework that promotes development, fairness, and strategic growth.

"By regularising the market, Kenya not only protects its interests but also sends a strong signal to the global aviation community that the country is committed to fair, transparent, and globally recognised standards for all operators," she said. "In the past, dishonest individuals exploited this environment to bypass ministry procedures, but the current stakeholder engagement process emphasises inclusivity across related sectors to safeguard fairness and infiltration by these unscrupulous individuals."

The cabinet secretary for investments, trade, and industry, Lee Kinyanjui, and his counterpart for agriculture, livestock, and fisheries, Mutahi Kagwe, welcomed the move, believing it would result in increased cargo uplift and possible consideration for leveraging 5th freedom rights to ensure more exports, especially of perishable agricultural goods.

Membership of the TEC includes the Ministry of Tourism and Wildlife, the State Department of Foreign Affairs, the Office of the Attorney General, the Ministry of Industry, Trade and Investment, the Ministry of Agriculture and Livestock, the Kenya Tourism Board, the Kenya Association of Air Operators, Kenya Airways, the KAA, and the KCAA.

According to the government, Kenya’s aviation sector supports more than 26,000 direct jobs, contributes USD1.5 billion to the country's GDP, and sustains thousands more jobs in tourism, exports, and ancillary services.