Court bars Kenya Airways from evicting 748 Air Services

A Nairobi court has granted Aviation company, 748 Air Services staying orders preventing Kenya Airways and its agents from further executing eviction orders.

The airline on Monday filed a legal suit against Kenya Airways for malicious damage of its property worth millions of shillings and harassment of employees.

“In the interim, a temporary injunction be and is hereby issued restraining the plaintiff by itself or servants and/or agents from interfering with the defendant/Applicants quiet enjoyment use and occupation of the suit property pending interpartes hearing of this application,” said Milimani Commercial Courts, Principal Magistrate, Ms. A.N. Makau.

The court has also directed the Commandant, Jomo Kenyatta International Airport to ensure compliance of the orders.

On Friday, July 23, 2021, armed police officers are reported to have raided 748 plaza along Airport North Road in Embakasi and broken into the premises entrance glassdoor and damaged office furniture and fittings.

In an affidavit dated July 26, 2021, 748 Air Services Managing Director, Moses Mwangi said the Friday afternoon raid has disrupted normal operations at the Embakasi office and left the airline with significant losses.

“The actions of the plaintiff have caused and continue to cause great losses to our company, being an airline that has recently launched domestic flights to Kisumu, Mombasa and Diani,” said Mr. Mwangi.

Following the raid, the airline says its personnel of over 200 employees are not able to trace important documents, records and machinery.

“We have always enjoyed peaceful and quiet occupation of the premises since the inception of our lease agreement on 1st February, 2021 until the plaintiff and its agents raided our offices on 23rd July 2021,” said Mwangi.

According to Mr. Mwangi, 748 Air Services has been paying rent for the 748 Plaza premised on the parcel of land no. LR. No.9042/583 to African Airlines International limited (formerly African Express Airways International Limited).

He says the airline was in the process of completing renovations on suit premise before the raid, with renovation costs amounting to the tune of Ksh. 90 Million.

The airline’s manager says 748 Air Services had not been served an order to vacate the premises and had only learnt of an order served on the premises landlord, Captain Musa Hassan Bulhan, Managing Director, Africa Express Airways (k) Limited and African International Airlines Limited at 4.00 p.m before Kenya Airways agents removed his office items.

In a certificate of urgency filed by the company on Monday through its lawyers, 748 Air Services is seeking to be heard on priority basis, because the orders issued on 16th of July 2021 continue to have far reaching adverse impacts.

Meanwhile, 748 Air Services continues with all flights including recently launched domestic flights to Kisumu, Mombasa and Diani and cargo services will continues as scheduled.

“We encourage our customers to continue booking their flights through our new Office in the city center (Laico) and other digital avenues,” said Mr. Mwangi