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KAA ordered to give airport passes to JKIA contractor’s staff
An attendant aids a physically challenged woman through the passengers' exit at the International Arrival Terminal 1A at Jomo Kenyatta International Airport on November 7, 2023.
The Kenya Airports Authority (KAA) has been directed to issue airport passes to employees of a firm contracted to offer “Meet and Assist” services at Jomo Kenyatta International Airport (JKIA).
In a ruling on January 19, 2025, the High Court ordered KAA to issue new passes to employees of Capital International Concierge Service Limited within three days from the date of the ruling.
The company stated that it had won a contract to perform the services, and despite complying with all the requirements, the regulator had failed to provide lounges and later declined to renew its staff passes upon their expiration on March 31, 2025.
The firm argued that the airport passes issued to its staff were integral to the performance of the concession contract, and their withdrawal amounted to constructive termination, thereby violating its constitutional rights.
The court said in the ruling that the company had shown an arguable right arising from a valid contract and prior issuance of passes.
The court added that while claims by KAA of breach of contract were serious, they were contested matters to be determined at the hearing.
“Regarding irreparable harm, I agree with the petitioner’s submissions that without passes, it cannot access JKIA to perform its contractual obligations. Its business is paralysed, employees are locked out, and reputation and clientele are lost. Monetary damages cannot adequately compensate for the disruption of operations and erosion of goodwill,” said the court.
The court said that while financial loss is quantifiable, the inability to perform a subsisting public contract and the loss of market presence constitute harm beyond mere monetary compensation.
According to the court, the prejudice to reputation, continuity, and constitutional rights is, in the court’s view, irreparable in nature.
“Further, I find merit in the petitioner’s submissions that the refusal to renew passes effectively terminates the contract before trial, thereby undermining the substratum of the petition. On the other hand, the act sought—renewal of passes—is administratively simple and reversible,” said the court.
Five-year contract
The company said it was awarded a tender for the provision of services at the JKIA, for a period of five years.
Kenya Airports Authority has awarded a Sh91.52 million contract for the supply and installation of a bird radar system at the Jomo Kenyatta International Airport (JKIA).
Photo credit: File | Nation Media Group
The contract stated the firm was required to pay a minimum annual guarantee of Sh6 million, a security deposit of Sh1.5 million, and concession fees.
KAA said the firm had fallen into arrears exceeding Sh9.8 million and cited the non-exclusive nature of the licence, and its discretion under a clause in the agreement to deny access for security reasons.
The airports regulator said the licence was non-exclusive and the firm allegedly delayed commencement of operations until December 2023.
The court noted that KAA had issued passes to the firm’s agents and employees until March 31, 2025, and thereafter, declined to grant the passes.
“The upshot of the foregoing is that the Court is convinced that the petitioner has satisfied the higher threshold for interim mandatory injunctions,” ruled the court.
