KCAA to pay Laboso's family Sh10 million for negligence in crash

The Kenya Civil Aviation Authority (KCAA) has been ordered to pay the family of the late assistant minister and former Sotik MP Lorna Chepkemoi Laboso Sh10.5 million as compensation for her death.

High Court Arsenath Ongeri found the Authority negligent for issuing the pilot of the ill-fated aircraft Mr Christopher Maria Schnerr, with a license without confirming whether he was competent to fly an aircraft.

Ms Laboso died on June 10, 2008, alongside former Minister Kipkalya Kones when aircraft 5Y BVE crashed at Kojonga area in Narok due to negligence. She was 46 years old.

The court was informed that the pilot was strictly on visual flight rules and despite deteriorating weather conditions, he continued to fly over the Mau escarpment which had poor visibility.

“I find that the defendant was negligent in issuing a conversion to the pilot without taking tests to ensure he was competent to fly the aircraft,” adding that KCAA was also negligent in allowing the registration of the aircraft without being in force a policy of insurance in respect of third parties.

The judge said Laboso’s son Marco Kiprono, who was a minor then should be paid Sh50,000 for pain and suffering, loss of expectation of Sh100,000, and general damages for loss of dependency of Sh9.8 million plus special damages of Sh889,365.

The court heard that the aircraft hit a hill about 8,500 feet above sea level in a foggy area, which could have been avoided had he followed the visual flight rules.

The judge said it was the duty of the agency to ensure that the aircraft was airworthy and the pilot was competent to fly it.

According to Justice Ongeri, there is evidence that the pilot applied for conversion of his USA CPL license dated December 5, 2005, and was issued with a Kenya license No. YK-551-CL without any confirmation that the pilot was competent to fly the aircraft.

The cause of the accident was Controlled Flight Into Terrain (CIFT), which the court was informed is usually a major cause of many aviation accidents.

The court heard that the incident is associated with a lack of situational awareness brought about by misinterpretation of the available cues or loss of some cues necessary for reacting correctly to flight circumstances.

KCAA defended itself saying the accident was caused by the pilot’s lack of vertical situational awareness, due to poor visibility.

According to the Authority, it did not contribute in any way to the cause of the accident and ought not to be blamed for it.

The agency added that all relevant requirements pertaining the issuance or renewal of the certificate of airworthiness of the aircraft had been adhered to.

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