May 25, 2022

Court prevents Kenya Airways from deporting 748 Air Services

In a continuation of a property dispute between Kenya Airways and 748 Air Services, a Kenyan court has reversed an earlier order and ordered the national carrier to stop evicting its Nairobi office tenant Jomo Kenyatta.

748 Air Services on July 26 filed a lawsuit against Kenya Airways for malicious damages worth millions of shillings and harassment of its employees. This came after Kenya Airways won an eviction order against 748 Air Services in the Milimani Commercial Courts in Nairobi on July 16, which a judge ordered the JKIA Airport Police Station to run.

In a reversal, another judge at the Commercial Court in Milimani on July 26 passed a temporary injunction, preventing Kenya Airways from further evicting 748 Air Services pending an inter-partes hearing of the dispute (Inter-partes means the two parties will be notified in advance of the hearing and both are required to attend). The court also ordered the airport police chief to enforce the new order, The Citizen newspaper reports.

According to an affidavit from 748 Air Services general manager Moses Mwangi, the company has not received an eviction order.

However, armed police on Friday July 23 had raided the disputed premises of 748 Plaza on Airport North Road in Embakasi. In doing so, they had broken the glass door at the entrance to the premises and damaged the furniture and fittings of the offices. This had disrupted normal operations and left the airline with significant losses. “The plaintiff’s actions have caused and continue to cause great loss to our business,” Mwangi said. After the raid, staff were unable to locate important documents, files and machinery. premises from the start of our lease on February 1, 2021, until the claimant and his agents raided our offices on July 23, 2021,” he said.

According to Mwangi, 748 Air Services paid the rent for the premises to the previous occupant, African Airlines International (AIK, Nairobi Jomo Kenyatta).

Meanwhile, 748 Air Services said all of its flights continued to operate and urged customers to make reservations online and through its downtown office.