Reprieve for KQ customers as airline, union defer strike

Kenya Airways (KQ) pilots and management agreed to defer a 48-hour strike notice that was supposed to expire on Thursday to June 1, offering reprieve to customers of the national carrier.

The Kenya Airline Pilots Association (Kalpa) issued a joint statement with the Kenya Airways management announcing the deferral.

The deal was reached in discussions brokered by the cabinet sub-committee on Kenya Airways that includes Attorney General Githu Muigai and Transport Secretary James Macharia.

“We would like to assure our customers and business partners that we are fully operational and as your national carrier are committed to serving you with pride,” said the joint statement.

Earlier Wednesday the Employment and Labour Relations Court issued an order barring the strike after KQ filed a suit claiming the move is illegal.

The order remains in force until May 9 when Justice Nduma Nderi is expected to hear arguments of both parties.

The Kalpa, which draws its membership from close to 500 pilots, on Tuesday warned that no aircraft would take to the skies if Mr Ngunze remained in office by Thursday midday, a move that would have brought the troubled airline’s operations to a halt.

READ: Court now blocks Kenya Airways pilots from striking

Kalpa said in its strike notice that Mr Ngunze is unable to lead KQ back to its profit-making days because he, together with his management, are directly responsible for its current financial problems. The airline made a record Sh29.7 billion pre-tax loss in the 2014-2015 financial year.

“An interim order is hereby granted restraining Kalpa, its members, agents or sympathisers from calling, participating or engaging in any form of industrial action including strikes, go-slow, or withdrawal of goodwill on account of an alleged mismanagement of Kenya Airways or otherwise or on account of the ongoing restructuring process pending the hearing,” Justice Nderi ordered.

KQ also asked the court to bar Kalpa from issuing any statements regarding the airline’s management or commercial and industrial relations policies until the case is concluded.

Justice Nderi however declined to grant the order until he has heard from both parties.

The airline holds that Kalpa has not followed due process in calling for the strike, as the law provides for workers to issue a strike notice at least seven days before taking any industrial action.

“The applicant prays that an interlocutory injunction be issued restraining the respondent (Kalpa) from issuing any press statement or making any public pronouncement touching on the affairs of Kenya Airways including its business operations, management, commercial and industrial relations policies pending the hearing and determination of this suit,” the airline says in its suit papers.

Kalpa’s in its strike notice listed a number of decisions the airline has made in recent years leading to massive losses includes costly agreements the airline entered with travel agents, the sale of aircraft at throwaway prices and irregular leasing of others without securing proper documentation.

Kalpa has also criticised the airline’s management for selling prime London parking slots that were at the core of KQ’s attractiveness to London-bound business travellers as well as staying in an unprofitable relationship with Dutch carrier KLM.

Following the 2014-2015 loss the airline suffered, KQ sacked chief operating officer Alex Mbugua, who has later sued for wrongful termination.

Mr Mbugua wants the Employment and Labour Relations Court to reinstate him, as he intends to implement turnaround policies recommended by auditors.