NCAA to penalise Kenya Airways for ‘violating’ consumer protection laws

The Nigeria Civil Aviation Authority (NCAA) has resolved to initiate “maximum enforcement action” against Kenya Airways for multiple consumer protection violations, according to Michael Achimugu, the agency’s director of public affairs and consumer protection.

Achimugu, in a statement on X on Saturday, expressed concern over the airline’s failure to comply with aviation regulations, including passenger care obligations and compensation policies.

The decision to penalise the airline is the latest development in a dispute between a passenger and the Kenyan aviation firm.

BACKGROUND 

On Monday, a video posted by Tunde Moshood, special adviser to the minister of Aviation, captured a verbal altercation between Kenya Airways staff at the transfer desk and a Nigerian passenger identified as Gloria Omisore.

In the video, Omisore voiced her frustrations about the mistreatment of herself and other Nigerians by the airline personnel.

Speaking in a social media post, Moshood said Kenya Airways argued that the passenger was denied boarding because it was discovered that she did not have a Schengen visa for France, which is a requirement to enter any European Union country.

In its defence, the airline explained that Kenya Airways offered an alternative route from London to Manchester, which Omisore declined, and threw used pads at the airline’s staff — leading to a verbal altercation.

According to Moshood, the altercation occurred while Omisore was in Nairobi, Kenya, preparing for a connecting flight.

On February 4, the aviation regulator held a meeting with Kenya Airways country officials where they apologised for their “faulty statement”.

The meeting was attended by James Nganga, the airline’s country manager; Eric Mukira, station manager; and Ezenwa Ehumadu, duty manager.

At the meeting, Achimugu faulted Kenya Airways for allowing the Nigerian passenger to fly without a Schengen visa.

He further said there was no excuse tenable for the unruly behaviour of Kenya Airways personnel.

To ensure a fair resolution, the NCAA asked the airline to refund and compensate the passenger for the avoidable humiliation she had suffered and the threats to her job.

“That Kenya Airways renders a public apology to passenger and the NCAA. That the airline issues an updated official statement that reflects the true events that happened in Nairobi. Ms Gloria did not refuse to fly to London as claimed in that statement,” NCAA said.

The NCAA gave the airline 48 hours to comply.

‘KENYA AIRWAYS FAILED TO ADDRESS VIOLATIONS’ 

Providing updates in an X post on Saturday, Achimugu said in spite of the opportunity given to fix what was wrong, “the airline has failed to do so”.

He said the airline, on Friday, had asked for an extension of one hour, but “after which they still failed to comply with the determination of the CAA”. 

“On Thursday, in a separate issue, the airline failed to send in a compliance report about a scheduled flight that was delayed for 7 hours with no compensation for the passengers,” he said.

“When confronted over a phone call, the Kenya Airways team claimed ignorance of the NCAA Regulations. 

“We are sending them a copy of it. But, how can you operate in a foreign country with no recourse to the relevant regulations?

“How is this different from those who claimed that Omisore should have known the travel documents she needed for her trip?

“This raises concerns about how an airline can operate in a foreign country without adhering to local laws.”

In response, the NCAA official said the authority would host a mandatory retreat for all airlines operating in Nigeria to ensure compliance with part 19 of the NCAA Regulations 2023, which covers consumer protection.

“One would expect that knowledge of all necessary regulations is essential,” he said.

“Added to the other long-ignored cases read out to the KQ team that attended the meeting, the CAA is dismayed by the actions of this airline.

“Cases of refunds not paid, lost baggage not compensated for despite admitting to losing them, and failure to honour commitments.”

Therefore, Achimugu said the NCAA is “initiating stiff enforcement action against Kenya Airways and this action will go through due process”.

He added that the agency’s legal department has been put on notice.