Senior Counsel Paul Muite has issued a seven-day legal demand to Kenya Airways (KQ), seeking over Sh3 million in refunds and general damages following a flight cancellation in Zanzibar that left his family stranded.
The incident, which occurred on August 31 during an aviation workers’ strike, forced the veteran lawyer, his wife Dr Edith Muite, their two daughters, and two grandchildren to charter a private flight back to Nairobi after waiting over five hours at the airport without clear communication or basic assistance from the airline.
Hours of Uncertainty and Lack of Communication
According to the demand letter, the family had purchased return tickets totaling Sh596,450 and were scheduled to board Flight KQ491 from Zanzibar to Nairobi at 10:10 am. Despite checking in and completing immigration procedures after official channels indicated the flight would operate on time, the passengers were left waiting in the terminal for hours.
Muite noted that Kenya Airways staff failed to provide direct updates. Instead, a Zanzibar Airport employee informed the travellers around 3:45 pm that the flight was cancelled. The letter highlights that despite the presence of young children, including Muite’s three-year-old grandchild, the airline provided no basic refreshments, drinking water, accommodation vouchers, or immediate rebooking options.
“No meaningful explanation was provided as to the reason for the cancellation, whether or when any alternative travel arrangements would be made or what assistance, if any, would be provided to the affected passengers,” the letter states.
Breakdown of Claims and Financial Demands
Due to the cancellation, the prominent lawyer missed scheduled professional engagements in Nairobi, prompting the family to arrange private air transportation. He is demanding that Kenya Airways pay a total of Sh3 million, broken down as follows:
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Private Charter Costs: $20,500 (approximately Sh2.65 million) for the replacement flight.
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Charter-Related Expenses: Sh52,650 in incidental costs associated with the private flight arrangement.
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Unused Ticket Refund: Sh298,225, representing a 50 percent refund for the unused leg of their Kenya Airways tickets.
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General Damages: Compensation for inconvenience, distress, frustration, and loss of amenity caused by the airline’s handling of the disruption.
Seven-Day Legal Ultimatum
The demand letter accuses Kenya Airways of gross negligence in managing the disruption and failing to fulfill its duty of care to passengers. Muite has pressed the national carrier to explain why it permitted passengers to clear security when the flight was at risk of cancellation and why official status updates were delayed for hours.
The airline has been given seven days from the date of the letter to settle the claims. Muite warned that failure to comply within the stipulated timeframe will result in immediate civil court proceedings to recover the full sums demanded.
“Take notice that unless Kenya Airways satisfactorily resolves this matter and complies with the foregoing demands within seven days from the date hereof, we have mandatory instructions to commence legal proceedings against the company for recovery of all sums due and payable for our clients,” the letter states.
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