Three hot air balloon operators have moved to the High Court to challenge the licensing of a new rival company to operate within the vast Masai Mara Game Reserve.
The operators argued that the decision by the Kenya Civil Aviation Authority (KCAA) to license Ishara Air Balloon Safaris Ltd, was illegal and against calls by the Narok County government to reduce the number of air balloons operating in the area, to conserve the environment.
Skyship Company Ltd, Africa Eco-Adventures Ltd and Adventures Aloft Kenya Ltd moved to the High Court after their appeal was dismissed by National Civil Aviation Administration review, last month.
“The Tribunal erred in law and in fact by failing to find that the decision of the 1st Respondent (KCAA) to grant the 2nd Respondent (Ishara Air Balloon Safaris) the impugned air service licence was not only capricious but also arbitrary, as it was completely devoid of any palpable and intelligible justification,” the firms said in the application.
The tribunal had dismissed the case in March, saying there was insufficient reasons brought before it to interfere with the regulator’s decision to license a new operator.
The operators argued that licensing of a new operator was against plans by the Narok County government to reduce the number of air balloons operating in the area per day, to conserve the eco-system and avoid further degradation of the environment.
The meeting was to provide certain documentation for the purpose of establishing the number and status of tourist facilities in the reserve, towards the development of the Masai Mara Management Plan.
The regulator said it duly complied with the legal procedures in granting the licence after considering all factors and representations from a public forum, relevant information, and supporting documents submitted by objectors.
KCAA said it was satisfied that the Ishara Air Balloon Safaris had met the requirements of the National Environmental Management Authority (Nema) as evidenced by the Environmental Impact Assessment licence.
Ishara Air Balloon Safaris Ltd on its part wrote to the county government expressing interest in providing air balloon services specifically over Pose and Olkiombo Plains.
The firm submitted that it proposed environmental harm mitigation measures around its landing and take-off sites and its clean fuel as part of its application said it obtained an environmental impact assessment from Nema as its experts had confirmed that since the company would operate using propane gas, it would be cleaner than butane and petrol for the environment.
“Looking at the totality of the proof provided by the Appellants in contrast with that of the Respondent and the Interested Party (Ishara), it is our considered view that fair administrative action was employed by the Respondent and it is our determination that the Respondent has satisfactorily established that following initial gazette publication and a call for public participation, the onus is on the Appellants to table their objections and to participate in the processes,” said the tribunal.
