A Nairobi court has issued a temporary injuction order restraining Kenya Airways from evicting an Aviation company, from its premises at Jomo Kenyatta International Airport.
This is after 748 Air Services filed a legal suit against Kenya Airways for malicious damage of its property worth millions of shillings and harassment of employees.
“In the interim, a temporary injunction be and is hereby issued restraining the plaintiff by itself or servants and/or agents from interfering with the defendant/Applicants quiet enjoyment use and occupation of the suit property pending interpartes hearing of this application,” said Milimani Commercial Courts, Principal Magistrate, Ms. A.N. Makau.
The court has also directed the Commandant, Jomo Kenyatta International Airport to ensure compliance of the orders.
In court documents, the aviation company states that on July 23, 2021, around 15 armed police and over 50 men raided 748 plaza along Airport North Road in Embakasi.
According to the airline company, they broke into the premises entrance glassdoor and damaged office furniture and fittings.
In an affidavit dated July 26, 2021, 748 Air Services Managing Director, Moses Mwangi said the Friday afternoon raid has disrupted normal operations at the Embakasi office and left the airline with significant losses.
“The actions of the plaintiff have caused and continue to cause great losses to our company, being an airline that has recently launched domestic flights to Kisumu, Mombasa and Diani,” said Mwangi.
The airline says its personnel of over 200 employees are not able to trace important documents, records and machinery.
According to Mwangi, 748 Air Services has been paying rent for the 748 Plaza premised on the parcel of land no. LR. No.9042/583 to African Airlines International limited (formerly African Express Airways International Limited).
He says the airline was in the process of completing renovations on suit premise before the raid, with renovation costs amounting to the tune of Sh.90 million.
“748 Air Services had not been served an order to vacate the premises and had only learnt of an order served on the premises landlord, Captain Musa Hassan Bulhan, Managing Director, Africa Express Airways (k) Limited and African International Airlines Limited at 4.00 p.m before Kenya Airways agents removed his office items,” said the airline’s manager.
748 Air Services is seeking to be heard on priority basis, because the orders issued on 16th of July 2021 continue to have far reaching adverse impacts.
