Muite demands Sh3m from KQ over cancelled flight
Veteran lawyer Paul Muite at a past Safina Party event. He is demanding compensation from Kenya Airways after his family's KQ flight to Nairobi was cancelled.
Veteran lawyer Paul Muite has written to Kenya Airways demanding compensation for distress and inconvenience, as well as reimbursement of expenses he and his family incurred after their flight from Zanzibar to Nairobi was cancelled last month amid an aviation workers’ strike.
In a demand letter to the airline, Mr Muite said he, his spouse Dr Edith Muite, their two daughters and two grandchildren were subjected to prolonged frustration and uncertainty at Zanzibar Airport on August 31 following the cancellation of Kenya Airways Flight KQ491.
Mr Muite said the family had purchased return tickets to Nairobi at a total cost of Sh596,450 and was scheduled to travel on August 31 at about 10.10am.
The lawyer said that despite complying with all travel requirements, the family was left stranded in Zanzibar and forced to incur additional expenses to secure alternative transportation back to Nairobi.
“In view of all the foregoing, our clients hold Kenya Airways liable for the losses, expenses, inconveniences and other damages occasioned by the cancellation,” the lawyer said.
Also Read: From 'flight is coming' to never - Aviation workers strike hits local, international travellers hard
A fleet of Kenya Airways planes at the Jomo Kenyatta International Airport in Nairobi.
He said the cancellation was not communicated directly by a Kenya Airways representative. Instead, passengers were informed by a Zanzibar Airport employee that the airline would provide accommodation or food vouchers and were directed to go back through immigration, collect their luggage downstairs and wait for “an email from Kenya Airways.”
“No meaningful explanation was provided as to the reason for the cancellation, whether or when any alternative travel arrangements would be made or what assistance, if any, would be provided to the affected passengers,” the letter states.
Mr Muite said it was only after about five hours of waiting that passengers were informed by a Zanzibar Airport employee that the flight had been cancelled.
He said the affected group included a three-year-old child who was subjected to prolonged waiting, uncertainty and distress as a result of the delay, handling of the disruption and eventual cancellation.
“Despite the presence of children, including the said three-year-old child, Kenya Airways did not provide even basic refreshments, including drinking water, during the prolonged wait,” the lawyer said.
Mr Muite also faulted the airline for allowing passengers to proceed through check-in and immigration before leaving them stranded for several hours without clear information.
He said Kenya Airways had assured passengers at about 8.10am that the flight was operating, despite the flight later being cancelled.
He wants the airline to explain why Flight KQ491 continued to be represented through its official channels as operating on time, why passengers were allowed to complete check-in and immigration, and why the cancellation was communicated only at about 3.45pm.
Mr Muite said the airline’s handling of the disruption caused him and his family substantial loss, expense, inconvenience and distress.
A Kenya Airways Boeing 787-8 Dreamliner aircraft.
He said he had scheduled meetings to attend in Nairobi and could not make them because of the cancelled flight.
The family was subsequently compelled to secure alternative transport to Nairobi through a private charter flight.
Mr Muite is demanding reimbursement of about Sh3 million comprising of $20,500, which he says was the cost of the private charter flight, as well as Sh52,650 incurred in charter-related expenses.
He is also seeking a refund of Sh298,225, representing 50 per cent of the amount paid for the Kenya Airways tickets that were not utilised on August 31.
In addition, he is demanding general damages for the inconvenience, frustration, distress, disruption and loss of amenity allegedly suffered by the family as a direct consequence of the cancellation and the airline’s subsequent handling of the incident.
The lawyer accused Kenya Airways of failing to properly manage the disruption, particularly by failing to provide timely and accurate information and adequate assistance to passengers.
“Despite assuring the travellers to proceed through check-in and immigration, KQ did not communicate the cancellation until approximately 3.45pm and thereafter failed to provide reasonable alternative transportation, rebooking or adequate assistance,” the demand letter states.
He has given Kenya Airways seven days from the date of the demand letter to resolve the matter, warning that failure to do so would result in legal proceedings to recover the sums claimed.
“Take notice that unless Kenya Airways satisfactorily resolves this matter and complies with the foregoing demands within seven days from the date hereof, we have mandatory instructions to commence legal proceedings against the company for recovery of all sums due and payable for our clients,” the letter states.
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