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Infractions: NCAA initiates ‘stiff enforcement action’ against Kenya Airways to protect consumers

Photo Collage of NCC Logo and Kenya Airways

*The Nigerian Civil Aviation Authority initiates ‘stiff enforcement action’ against Kenya Airways for several consumer protection infractions, including recent mistreatment of Nigerian traveller Gloria Omisore, in Nairobi, as the aviation regulator moves to organise a retreat for all airlines operating in the country to learn and relearn Part 19 of the NCAA Regulations 2023

Isola Moses | ñ

For its failure to make amends while claiming ignorance of extant regulations, especially in regard to the recent maltreatment of Nigerian traveller Ms. Gloria Omisore, in Nairobi, the Nigerian Civil Aviation Authority (NCAA) has disclosed that it initiated maximum enforcement action against Kenya Airways for several consumer protection infractions against Nigerian travellers.

The NCAA said among sundry infractions committed by the East African airline is its refusal to tender “an official apology, refund, and compensate” Ms. Gloria Omisore, within 48 hours.

ñ reports the Nigerian aviation sector regulator noted that the airline requested an extension of an hour after 48 hours elapsed, but the aviator still failed to comply with the agency’s determination.

Michael Achimugu, Director of Public Affairs and Consumer Protection at NCAA, who revealed this development in a blog post via X Saturday, February 8 stated that Kenya Airways Thursday actually failed to send in a compliance report about a scheduled flight that was delayed for seven hours with no compensation for the passengers.

Achimugu also disclosed that when the NCAA confronted the airline over the phone, its team claimed ignorance of the NCAA Regulations in the country’s aviation space.

The Authority noted it was taken aback how an airline of its status would operate in a foreign country as Nigeria with no recourse to the relevant regulations.

The NCAA Director of Public Affairs and Consumer Protection wrote: “To this end, we are organising a retreat for all airlines operating in Nigeria to learn and relearn Part 19 of the NCAA Regulations 2023.

“The Country Manager in Nigeria apologised for the Gloria Omisore incident. The airline admits that they should never have boarded the passenger from Lagos.”

He also averred: “The airline failed to discover the lack of a France transit visa and flew this passenger to Nairobi where she had a 17-hour layover, only to be told that she would have to endure a further 10-hour wait if she must be flown to the UK.

“Passenger then asks to be provided care for that 10-hour period as she is bleeding and needs to bathe.

“The actions of the airline staff following her request were down to poor passenger handling.”

The NCAA asserted that Ms. Omisore was not an unruly passenger on the first leg of the flight, nor was she rude on the Lagos-Nairobi flight.

He further affirmed that “we put the facts of the matter to the airline and rejected the misleading official statement put out by them.

“The determination was for the airline to update its initial statement to reflect the facts of the case. There has been no compliance.”

Achimugu stated: “Rather, the original statement that obfuscated facts, in all of its royal misleading-ness, has been allowed to grow wings and fly.

“The NCAA gave the airline an opportunity to fix what was wrong. The airline has failed to do so.

“Earlier yesterday (Friday), the airline asked for an extension of one hour, after which they still failed to comply with the determination of the NCAA.”

The Nigerian aviation regulator averred: “The NCAA is, therefore, initiating stiff enforcement action against Kenya Airways.

“This action will go through due process. I have put our legal department on notice.”

It is recalled that after the disagreement between Omisore and Kenya Airways, the Nigerian Civil Aviation Authority Tuesday, said it summoned Kenya Airways’ Acting Station Manager in the West African country.

In the video Tunde Moshood, Special Adviser to the Honourable Minister for Aviation and Aerospace Development, posted Monday, February 3 had indicated how Omisore vented her frustration about the mistreatment of herself and other Nigerian passengers by the airline personnel.

Ms. Omisore was said to have safely boarded a Kenyan Airways flight back to Lagos.

The altercation between Kenya Airways and Ms. Omisore in Nairobi

The altercation reportedly occurred while Omisore was in Nairobi, Kenya, preparing for a connecting flight to another destination.

Moshood, Aviation Minister’s aide stated: “Our attention has been drawn to several cases of inhuman treatments of Nigerian passengers in Nairobi by @KenyaAirways.

“A case of Ms. Omisore G. who flew from Manchester to Lagos, connecting-Man-CDG-NBO-LO only to be denied boarding in Nairobi on the 2nd leg of same ticket.”

Kenya Airways’ response

In its reply to Moshood’s allegations of maltreatment of Nigerian passengers, especially in Nairobi, Kenya Airways via the airline’s X account, said passenger Omisore was denied boarding because it was discovered that she did not have a Schengen visa for France.

The airline noted that a Schengen visa is a requirement to enter any European Union (EU) country.

Kenya Airways also claimed that it offered an alternative route from London to Manchester, which Omisore declined, leading to a verbal altercation in the process.

It further stated: “We strongly condemn such conduct. While we remain committed to delivering exceptional service, we expect all interactions to be based on mutual respect.

“Our employees deserve to work in a safe and dignified environment, and we do not tolerate any abuse from our employees or guests.”

Though the video did not show the full context of the incident, the statement alleged that the Nigerian passenger later engaged in “inappropriate behaviour” by throwing used sanitary pads at the airline’s staff.

Kenya Airways stated further that Omisore requested accommodation after being denied boarding, but noted that the aviation firm does not provide accommodation for stranded passengers in cases of visa-related issues.

The incident has been reported, and is under investigation by the relevant security agencies, the airline said.

Kenya Airways restated: “The incident has been reported and is under investigation by the relevant security agencies.

“We are committed to taking the necessary steps to ensure the well-being and safety of our employees and guests at all times.”

NCAA restates Kenya Airways has ‘history of mistreatment’ against travellers

Recalling the airline’s previous purported maltreatment of Nigerian passengers over time, the NCAA emphasised that Kenya Airways has a history of mistreating Nigerians, including even the aviation regulatory agency’s staff.

Achimugu, Director of Public Affairs at NCAA, said the Acting Station Manager of Kenya Airways, in Lagos, was invited to a mandatory meeting Tuesday, February 4, to review the incident and address the concerns raised by the authority.

He also assured that Kenya Airways would be asked to provide CCTV footage to support its claims that Omisore threw the sanitary pads at its staff in Kenya.

“I have advised the passenger that unruly behaviour is inexcusable at any airport, and she can be blacklisted by the airline, and even pay fines.

“The NCAA does not condone unruly behaviour.”

He equally noted: “There is no basis to have tried to forcefully delete her video.

“You should not have allowed her to board your flight from Nigeria, IF she was not qualified due to visa requirements.

“You issued her boarding passes, and let her leave Lagos. She flew into Nigeria via your airline on the same route.”

Achimugu also stated: “She claims to have called the airline BEFORE paying for the ticket, and she was told that she was qualified since she owns a BRP.

“The statements made by your staff were inappropriate for someone in the industry. ‘Call your president’, insinuates a lot.”

The NCAA Director said: “You will be asked to provide CCTV footage, showing that she threw her used sanitary towels AT your staff rather than place them on the table when asked by your personnel to provide evidence that she was bleeding.”

Though the meeting was initially slated for 1 p.m., Achimugu said Kenya Airways had requested an extension to provide further details on the matter, with the NCAA granting the airline a 24-hour extension, but all to no avail as of the time of filing this report.

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