Court stops Kenya Airways from evicting 748 Air Services

In a continuation of a property dispute between Kenya Airways and 748 Air Services, a Kenya court has made an about-turn on a previous order and has ordered the national carrier to stop evicting its tenant from offices at Nairobi Jomo Kenyatta.

748 Air Services, on July 26, filed a legal suit against Kenya Airways for malicious damage worth millions of shillings and harassment of its employees. This came after Kenya Airways on July 16 won an eviction order against 748 Air Services in the Milimani Commercial Courts in Nairobi, which a judge ordered the JKIA Airport police station to enforce.

In a turnaround, a different Milimani Commercial Court judge on July 26 passed a temporary injunction, restraining Kenya Airways from further evicting 748 Air Services pending an inter-partes hearing of the dispute (Inter-partes means both parties will have advance notice of the hearing and are both required to attend). The court has also directed the police chief at the airport to ensure compliance with the new order, reports The Citizen newspaper.

According to an affidavit by 748 Air Services managing director Moses Mwangi, the company had not been served an eviction order.

Still, armed police officers on Friday, July 23, had raided the disputed premises at 748 Plaza on Airport North Road in Embakasi. In so doing, they had broken the premises’ entrance glass door and had damaged office furniture and fittings. This had disrupted normal operations and had left the airline with significant losses. “The actions of the plaintiff have caused and continue to cause great losses to our company,” Mwangi said. Following the raid, staff was unable to trace important documents, records, and machinery. “We have always enjoyed peaceful and quiet occupation of the premises since the inception of our lease agreement on February 1, 2021, until the plaintiff and its agents raided our offices on July 23, 2021,” he said.

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

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