Airline wants KAA stopped from selling its plane over fees row

Politics and policy

Wilson Airport in Nairobi: Capital Airlines has taken KAA to court in a parking fee dispute. PHOTO | FILE 

By BRIAN WASUNA

In Summary

• Capital Airlines says KAA has since marking the aircraft for auction in May refused to explain the fees it claims from the operator.

A charter airline is seeking court orders to stop the Kenya Airports Authority (KAA) from auctioning one of its planes, which has been grounded at Wilson Airport since July 2005 over disputed parking fees.

Capital Airlines says KAA has since marking the aircraft for auction in May refused to explain the fees it claims from the operator.

The airline holds that it has paid all KAA charges since parking its plane at the authority’s hangar.

The firm adds that KAA held a failed auction for the Beechcraft King Air 300 plane on June 10, and is now worried that the authority may sell the aircraft any time soon.

The firm says Phoenix Aviation has been carying out repairs on the plane, which are almost complete. KAA is yet to respond to the suit.

“Capital Airlines pays all landing and parking fees for the aircraft and there are no charges owed to KAA. No notice or demand for dues has been made to Capital Airlines over the aircraft and no gazette notice has been published by KAA for sale of the aircraft,” the firm says.

Justice Francis Gikonyo has granted KAA until July 15 to respond to the suit. He has, however, stopped the planned auction until he hears the case.

Capital Airlines managing director Himat Vaghela says his firm has paid over Sh2 million in parking fees since the plane was grounded, and has attached as evidence copies of invoices and receipts to prove the claim.

He adds that KAA officers walked into the hangar on May 27 and marked the plane with black paint to indicate that it was due for auction. No explanation was given despite several demands, Mr Vaghela says.

“I have followed up with KAA to inquire why the plane is being offered for sale but KAA has failed to offer any explanation.

‘‘On April 17 last year KAA had gazetted the aircraft for sale but the notice was withdrawn by the authority which advised us to pay all the parking charges, which we did,” Mr Vaghela adds.