The Common Market for Eastern and Southern Africa (COMESA) Competition Commission has opened a probe into Kenya Airways (KQ) flight delays.
This probe exposes the national carrier to fines for delaying connections in Nairobi and Entebbe, Uganda.
COMESA Competition Commission (CCC) issued a notice of the investigations on January 24, 2025, further asking other aggrieved travelers to come forward.
“Notice is hereby given that pursuant to Article 8 of the COMESA Competition Regulations (“the Regulations”), the COMESA Competition Commission (the Commission”) has commenced investigation into suspected violation of Article 28 of the Regulations by Kenya Airways Ltd (“Kenya Airways”),” the notice read in part.
The notice follows complaints raised against KQ by passengers in Uganda and Kenya who cited delays of over 6 hours and denial of food and accommodation.
Kenya Airways on the spot
The Commission explained that it became aware through complaints raised by four passengers who noted that on August 18, 2024, while traveling with Kenya Airways flight no. KQ419 from Entebbe to Nairobi on their way to Livingstone, they experienced an unexpected delay of their flight at the Entebbe International Airport for over six hours causing a significant disruption to their connecting flights.
As a result of the delay, the passengers missed their onward connecting flights from Nairobi to Lusaka on Kenya Airways flight no. KQ706 and from Lusaka to Livingstone on Zambia Airways flight no. ZN 419 which was scheduled to depart on the same day.
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It is alleged by the complainants that following the delay at Entebbe Airport, passengers arrived at the Jomo Kenyatta International Airport (JKIA) at 8:05 am and spent over 7 hours waiting for their rebooked connecting flight no. KQ704 to Lusaka.
Further, it alleged that Kenya Airways did not make any effort to reroute the passengers to their destination. Instead, the passengers, who were enroute and mid-way into their journey had to arrange for themselves through their agents to obtain a rerouting to their destination.
The complainants also reported that Kenya Airways did not provide accommodation and meals to the passengers on landing in Lusaka and yet their original onward connecting flight had already departed.
“The Commission has further been informed that when the passengers complained formally to the Airline by email, Kenya Airways responded stating that accommodation, meals and new flight connections were outside their contract of carriage as its contract with the passengers had terminated on landing in Lusaka,” said CCC.
COMESA Competition Commission, at the same time, said that it has received a similar complaint from an aggrieved passenger regarding a delay of Kenya Airways Flight KQ 418 at JKIA for over six hours.
COMESA Competition Commission to launch an investigation
The investigation will seek to establish if KQ was unfair to the travelers, a breach that attracts a fine or compensation to the aggrieved passengers.
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The Commission said that it is concerned that Kenya Airways may have engaged in unconscionable conduct, a possible violation of Article 28(1) by failing to rebook the four passengers to their destination and failing to provide redress to them, preferring instead to offer conditioned vouchers for the inconvenience caused following the delay of flight KQ419.
The investigations do not imply wrongdoing on the part of Kenya Airways and do not imply that the delays amounted to unfair business practice, said COMESA Competition Commission.
“The Commission will, in accordance with the provisions of Part 5 of the Regulations, investigate to determine whether the alleged conduct violates the Regulations,” the notice adds.
“It should be noted that the commencement of investigations neither presupposes at this point that the conduct being investigated is an unfair business practice nor that Kenya Airways has violated the Regulations.”
In view of the foregoing, CCC has invited interested stakeholders, including other affected consumers, to make representations by 28 February 2025.
The African watchdog is also probing Zambia Airways for flight delays and recently concluded similar investigations on Malawi Airways where the airline was ordered to compensate the aggrieved travelers
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