Kenya Airways, 748 Air Services in property dispute

A Kenyan court has ordered the removal of charter operator 748 Air Services (IHO, Nairobi Wilson) from a property at Nairobi Jomo Kenyatta until a dispute between it and national carrier Kenya Airways (KQ, Nairobi Jomo Kenyatta) has been heard and determined.

Milimani Commercial Courts Principal Magistrate DM Kivuti on July 16, 2021, ordered the JKIA Airport police station to enforce the orders, reports The Standard newspaper. The charter company was not immediately available for comment.

This follows a court application by Kenya Airways on the grounds that the national carrier was the registered owner of the property, claiming that 748 Air Services had unlawfully occupied the facility and had refused to vacate it despite numerous demands. “There is no justification, contractual or otherwise to anchor the defendant’s continued occupation to vacate the property,” Kenya Airways said in an affidavit, accompanied by a copy of its title deed. The airline said it had issued eviction notices to 748 Air Services, which had sub-leased the property without notice or consent.

The court order restrains the defendant from further trespassing, occupying, using, entering, or using the property pending a hearing. According to documents before the court, Kenya Airways had bought the property at a public auction in July 2014 for KES150 million shilling (USD1.3 million). It had previously been owned by African Airlines International (AIK, Nairobi Jomo Kenyatta).

According to the ch-aviation fleets advanced module, 748 Air Services operates from both Wilson and Jomo Kenyatta airports with a fleet totalling 12 turboprops, including eight DHC-8-100s (of which two are leased from Avmax Aircraft Leasing), and four DHC-8-Q400s (one leased from Nordic Aviation Capital). The carrier provides scheduled passenger flights throughout Kenya as well as humanitarian flights, oil and gas charters, and government services.