Kenya Airways and Zambia Airways face Comesa Competition Commission investigation over passenger rights violations

January 29, 2025 in Business by Editor

Regional consumer watchdog the Comesa Competition Commission – The Commission, has commenced investigations into the conduct of African carriers Kenya Airways KQ, and flag carrier Zambia Airways, following complaints by passengers who were subjected to long flight delays without adequate compensation.

In separate but related actions posted on its website on January 27, 2025, the Commission, served notice of the commencement of investigations against the airlines under Article 28 of the COMESA Competition Regulations.  Article 28 of the Regulations prohibits any person in trade or commerce, in connection with the supply or possible supply of goods or services to a consumer from engaging in conduct that is, in all circumstances, unconscionable.

According to the Commission, its actions were in response to complaints that were brought to its attention by four Ugandan passengers, who missed their connecting flights in Lusaka on August 18, 2024, resulting in an unscheduled overnight stay in the Zambian capital and Kenya Airways refusal to offer them accommodation. 256BN has learned that the four complainants who were travelling to Livingstone, Zambia via Nairobi, had been booked to travel from Entebbe at 3.50am on KQ 419 to Nairobi, for a rendezvous with KQ 706, which was scheduled to depart for Lusaka at 7.15 am the same day.

However, KQ419 was delayed for several hours, resulting in them missing KQ 706, which departed without them. Although they were rebooked to travel on a later flight, even that flight departed Nairobi several hours behind schedule, getting them to Lusaka late in the night, three hours after their connecting flight to Livingstone had departed.

“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,” the Commission observes in its notice.

According to the Commission, following the delay at Entebbe Airport, the complainants arrived at Jomo Kenyatta International Airport at 8:06 am and spent over 7 hours waiting for their rebooked connecting flight no. KQ704 to Lusaka.

“It further 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 agent to obtain a rerouting to their destination.”

The complainants further reported that when they tried seek remedy by engaging with KQ through email, the carrier responded that it was not bound to provide any recompense because under their contract of carriage, the airline operators responsibilities expired upon delivering the passenger to Lusaka.

The commission also received another complaint from a passenger who bound for Entebbe from Nairobi but also experience prolonged delays.

In the Zambia Airways case, the Commission is investigating a complaint where four passengers missed their connecting flights in Lusaka on 23 August 2024, due to the late departure of Zambia Airways flight No. ZN 418. The flight that was scheduled to depart Livingstone at 11:25am and arrive in Lusaka at 12:35, was delayed at Livingstone for six hours, resulting in the passengers missing their connecting flights in Lusaka. Zambia Airways refused to rebook the passengers to their destination and to provide accommodation and meals in Lusaka following the delayed flight from Livingstone.

“The alleged conduct is considered unconscionable as it involves unfair tactics, refusal to handle legitimate complaints and denying consumers their right to redress considering that the delay was occasioned by Zambia Airways. Moreover, this treatment of the passengers is inconsistent with the Yamoussoukro Decision, Montreal convention and other best practices in the aviation industry.”

The Commission says that it will, in accordance with the provisions of Part 5 of the Regulations, investigate to determine whether the alleged conduct violates the Regulations.”

The Commissions investigations come against a backdrop of a spate schedule disruptions as airlines grapple with a global capacity crunch at maintenance shops and lingering shortages of flight crew and aircraft spare parts related to Covid-19 impacts on supply chains.