COMESA Watchdog Probes Kenya Airways Over Consumer Rights Violations  

The regional competition watchdog has launched an investigation into Kenya Airways over alleged violations of consumer rights, a move that could see the national carrier face heavy fines if found culpable.

The COMESA Competition Commission (CCC) said it had commenced the probe under Article 8 of its regulations, citing suspected breaches of Article 28, which prohibits businesses from engaging in unconscionable conduct in trade or commerce.

The investigation follows complaints from passengers who accused Kenya Airways of failing to provide redress after severe flight delays in August and December 2024, leading to missed connections and prolonged airport stays without adequate support.

According to the Commission, four passengers traveling on Kenya Airways flight KQ419 from Entebbe to Nairobi on August 18 encountered a six-hour delay at Entebbe International Airport, causing them to miss onward flights to Lusaka and Livingstone.

The airline allegedly failed to rebook them or provide necessary assistance, forcing them to arrange alternative flights at their own cost.

The Commission said Kenya Airways later told the passengers that their contract of carriage ended upon landing in Lusaka, absolving itself of further responsibility.

A separate complaint was lodged by a passenger on flight KQ418, which was delayed at Nairobi’s Jomo Kenyatta International Airport (JKIA) for over six hours on December 2.

The complainant said passengers were informed of the delay at the last minute and initially promised a revised departure time of 5:30am, which was then pushed to 6:30 am without proper communication.

Kenya Airways allegedly failed to provide meals or accommodation, leaving some passengers to sleep at the airport.

“The Commission is concerned that Kenya Airways may have engaged in unconscionable conduct by failing to rebook affected passengers, provide adequate redress, and offer proper accommodation following delays,” CCC chief executive officer Willard Mwemba.

The regulator said its inquiry would determine whether Kenya Airways’ actions breached industry codes of practice and international aviation standards.

While the launch of investigations does not imply wrongdoing, a finding of non-compliance could result in substantial penalties for Kenya Airways.

CCC has invited other affected consumers to submit representations by February 28.

gandae@businessdayafrica.org