The COMESA Competition Commission has launched an investigation into Kenya Airways over alleged flight delays, exposing the national carrier to potential penalties.
In the notice by the commission’s director and CEO Willard Mwemba, other aggrieved travellers were asked to come forward to expedite the investigation.
“The commission hereby invites interested stakeholders, including other affected consumers, to make representations by February 28, 2025,” said Mwemba.
The inquiry follows complaints from passengers who reported extensive delays at Nairobi and Entebbe airports.
According to the commission, one group of passengers on a flight from Entebbe to Nairobi in August 2024 faced a six-hour delay. As a result, they missed connecting flights to Lusaka and Livingstone.
The passengers allegedly had to make their rerouting arrangements by themselves after Kenya Airways failed to assist them. Complaints also highlighted that no accommodation or meals were provided during the disruption.
The airline reportedly justified its actions by stating that its contract with the passengers was terminated upon landing in Lusaka.
In another instance, a flight scheduled to depart from Nairobi to Entebbe on December 2, 2024, was delayed by over six hours.
The complainant reported that after boarding was delayed at the last minute, the airline offered refreshments but failed to provide meals or accommodation.
Passengers were initially told that the new departure would be at 5:30 am, only for that time to pass without further communication from the airline.
The commission suspects Kenya Airways may have violated Article 28 of the COMESA Competition Regulations, which prohibits unconscionable conduct in the supply of services.
“The conduct of Kenya Airways may not be in line with the code of practice in the industry as well as other international conventions governing the aviation industry and its terms of carriage,” stated Mwemba.
Although the investigation does not yet imply any confirmed breach, COMESA emphasized the importance of transparency and stakeholder involvement.
“All representations submitted to the commission will be treated with the strictest confidentiality and will only be used for the purposes of this investigation,” noted Mwemba.