How Kenya’s New Legislation Protects Passenger Rights and Resolves Air Travel Issues
Let’s travel! Bet you smiled at the thought of escaping Nairobi’s cold. We all love traveling, especially the unique experiences it brings. Air travel especially can be particularly exciting. However, the process can sometimes be tiring, with issues like dealing with annoying travel agents, denied boarding compensation, ticket refunds, flight delays, and baggage liability quickly dampening the holiday spirit. But what if we told you there is a dedicated law that caters and handles exactly these queries?
Introducing the Civil Aviation Act No. 21 of 2023, a significant legislative framework designed to address various air travel issues in Kenya. Enacted to safeguard passenger rights and enhance accountability within the aviation industry, this comprehensive law covers a wide array of concerns affecting travellers. Central to its implementation is the establishment of a specialized tribunal. Endowed with the authority granted by this act, the tribunal serves as a pivotal institution tasked with adjudicating cases related to denied boarding compensation, ticket refunds, flight delays, and baggage liability. It stands as a dedicated forum where aggrieved passengers can seek redressal for grievances, ensuring fair treatment and equitable resolution of disputes in the realm of air travel.
When hearing a complaint or appeal, the Tribunal can:
- Call witnesses, take evidence under oath, and order document production.
- Summon expert witnesses if needed.
To save time and costs, the Tribunal can:
- Accept written statements (affidavits) and use written questions (interrogatories) for evidence.
The Tribunal can:
- Award damages.
- Confirm, change, or cancel the decision in question.
- Order things to stay the same until a final decision is made.
It can also:
- Decide who pays the legal costs, following High Court rules or a set amount.
- Issue a certificate of costs, which can be enforced like a High Court order
If anyone disagrees with a decision from the Tribunal, they can appeal to the High Court within thirty days. The Tribunal’s decision takes effect right away unless an appeal is filed, though filing an appeal doesn’t automatically stop the decision. The High Court can confirm, change, or cancel the Tribunal’s decision, send the case back to the Tribunal for more review, or make other fair decisions, including who pays for the appeal. If someone disagrees with the High Court’s decision, they can appeal to the Court of Appeal within sixty days.
In conclusion, this system ensures that air traveller’s have avenues to challenge decisions they feel are unjust, ensuring fairness and accountability in air travel disputes. So the next time you’re travelling with air and feel overwhelmed by such occurrence’s don’t worry there’s a legal remedy for you.
For more Information on this topic please contact us at salim@mmsadvocates.co.ke. You can also contact us at MMS Advocates, Lower Duplex Apartments, LOWER HILL ROAD, or email us at info@mmsadvocates.co.ke