Kenya Airways’ bid to evict aviation firm at JKIA property hits snag


A Kenya Airways plane at the JKIA in Nairobi. FILE PHOTO | NMG

A court has stopped Kenya Airways from evicting aviation firm, 748 Air Services from a property situated within Jomo Kenyatta International Airport (JKIA).

Milimani Commercial Courts principal magistrate A.N Makau froze the eviction of the local carrier at 748 Plaza in Embakasi, pending the conclusion of a suit filed by KQ.

Kenya Airways had applied for the orders, saying they were the registered owners of the property and 748 Air Services had occupied the subject property as “an intruder and trespasser.”

748 Air Services has been paying rent for the 748 Plaza premises on the parcel of land no. LR. No.9042/583 to African Airlines International Ltd (formerly African Express Airways International Ltd).

“That in the interim, a temporary injunction be and is hereby issued restraining the plaintiff by itself or its servants and/or agents from interfering with the defendants /applicant’s quiet enjoyment use and occupation of the suit property pending interparties hearing of this application,” said Justice Makau.

KQ told the court that 748 Air Services had refused to vacate the property, LR No 9042/583 despite “countless demands”. It then got orders restraining the 748 Air Services from “further trespassing, occupying, using, entering upon or otherwise howsoever interfering with the plaintiff’s quiet enjoyment, use and or occupation of the suit property pending hearing and determination of the suit”. But 748 Air Services has opposed the move saying the orders KQ were granted saw it raid its offices in Embakasi, breaking into its premises entrance glass door and damaging office furniture and fittings.

In an affidavit dated July 26, 2021, 748 Air Services through its lawyer said the Friday afternoon raid disrupted normal operations at the Embakasi office and left the airline with significant losses.

“The defendant/applicant has suffered and continues to suffer irreparable harm, grave prejudice, and injustice unless this honorable court urgently intervenes forthwith, in the manner prayed in the defendant’s /applicant’s application and in this certificate of urgency presented herewith,” said 748 Air Services through its advocate.