Charter Flight Firm Opposes Rival's Licensing
The Nation (Nairobi)
January 8, 2002
Posted to the web January 7, 2002
An air charter company has sued the government for granting a rival a licence to ferry tourists from Italy.
But the case, lodged by East African Safari Air Ltd, failed to proceed yesterday before vacation duty Judge Joyce Aluoch for lack of prosecution.
Lady Justice Aluoch adjourned the case indefinitely when the charter company's lawyer, Dr Albert Mumma, failed to appear when the file was called out.
The firm is seeking permission to file a judicial review case against the Civil Aviation Board and the Ministry of Transport and Communication.
It seeks orders to quash the authority granted by the board to Sunline Air/Volare to operate four charter flights to East Africa and wants a letter by the Permanent Secretary, Provincial Administration, directing the board's G.R. N. Githinji to approve the application quashed.
EASA wants Sunline Air/Volare barred from amending, renewing or using the licence, without complying with the laws governing civil aviation.
It also wants the board compelled to say why it gave the licence to Sunline Air/Volare last May 9, to operate inclusive tour charters although it had raised objections.
EASA accuses the board of allowing Sunline Air to operate four ad hoc charter flights.
It says it "has just learnt of the existence of the ad hoc license" granted to Sunline Air which planned to fly in a Boeing 767 aircraft from Italy to Mombasa via Rome and Zanzibar today and January 15.
The board approved the licence contrary to the law, it argues, adding that the licensing had resulted "to uneconomical overlapping severely prejudicing" its interests.