Attorney-General Paul Kihara wants an application by a skydiving club
challenging the government's decision to stop its operations struck out.
FILE PHOTO | COURTESY
Summary
- AG argues that SkyDive Diani club did not disclose that it had been paid by a foreign government to conduct air force training.
- A Zambian soldier is reported to have died while skydiving in mid February this year, prompting the government to issue a letter to the club to stop its activities.
- But in its application, SkyDive Diani Club wants the court to quash a decision issued by the Mr Ngumo, the county commissioner, directing it to cease all skydiving operations at its premises.
Attorney-General Paul Kihara wants an application by a skydiving
club challenging the government's decision to stop its operations
struck out.
The AG argues that SkyDive Diani Club
failed to disclose in its suit documents that it was involved in the
training of foreign security officers.
Through
litigation counsel Nguyo Wachira, the AG argued that SkyDive Diani club
did not disclose that it had been paid by a foreign government to
conduct air force training.
“The air force training conducted by the applicant (SkyDive) violated Section 65 of the Penal Code,” argued Mr Wachira.
Mr
Wachira further argued that the activities of the club led to the
issuance of a notice by the Kwale County Commissioner Mr K J Ngumo to
SkyDive Diani Club on March 10 to cease all skydiving activities at its
premises until further notice.
In his affidavit,
Inspector Wesly Lagat of the Directorate of Criminal Investigations said
according to investigations carried out after opening of an inquest
file, they revealed that military officers were attending a skydiving
course conducted by the club’s chairman, Mr Gary Lincoln.
Paratroopers
“The
training was illegal since the trainees were Zambian/foreign military
men on Kenyan soil and the (Kenyan) government had not been informed of
the training,” said Mr Lagat.
According to Mr Lagat, the Zambian Air Force paratroopers
indicated that the Zambian government had paid money to Mr Lincoln and
Diani SkyDive to train them.
A Zambian soldier is
reported to have died while skydiving in mid February this year,
prompting the government to issue a letter to the club to stop its
activities.
In its application, SkyDive Diani Club
wants the court to quash a decision issued by the Mr Ngumo, the county
commissioner, directing it to cease all skydiving operations at its
premises.
The skydiving club also wants a declaration
that the decision of the county commissioner and the ministry of
interior demanding cessation of skydiving and parachuting activities is
invalid, void and of no effect.
SkyDive Diani club also
wants a declaration that the Interior ministry pays it US dollars
36,000 (Sh3.6 million) with interest, being the money it lost as at
April 14 in lost memberships, an amount that continues to grow as more
members are lost.
The club says it has been in
operation from December 2013, creating a new niche in sports tourism
with a value equal to about 7.68 billion dollars.
In
his affidavit, Mr Lincoln argued that there is a difference between
military parachute training and civilian sports skydiving, which the
club is engaged in.
Military parachuting
Mr
Lincoln said military parachuting is about landing as quickly as
possible while sport skydiving is concerned with spending as much time
as possible in freefall to maximise on the period of time the sky diver
enjoys in the air.
According to Mr Lincoln, the club
communicated with the Zambia Air Force headquarters prior to the arrival
of the Zambia military personnel.
He said the air force assured them that they had acquired all necessary permissions for them to come into the country.
“As
civilians in Kenya, Skydive Diani was not privileged with access or
communication between the governments of Zambia and Kenya for the
assurances to be qualified as a fact,” said Mr Lincoln who is a former
British Army soldier.
Mr Lincoln said that over 50 Kenya Defence soldiers are members of the club receiving same facilities at a fee.
Justice Eric Ogola is expected to deliver a ruling on June 19.
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