Consumer Protection Infractions: NCAA Seeks Maximum Sanctions Against Kenya Airways

Nigeria Civil Aviation Authority (NCAA)  has initiated maximum enforcement action against Kenya Airways for a large number of consumer protection infractions against its passenger, Gloria Omisore.

The agency said the action will go through due process as it has put its legal department on notice.

Omisore was denied boarding on the second leg of her connecting flight in Nairobi over inability to provide a Schengen visa.

A social media video showing a verbal exchange between the passenger and a Kenya Airways agent at the transfer desk in Nairobi (NBO) has since generated comments.

NCAA Director of Public Affairs & Consumer Protection, Michael Achimugu, in his X account on Saturday explained reasons why the authority is penalising Kenya Airways.

He stated that Kenya Airways country manager in Nigeria apologised for the Gloria Omisore incident, adding that the airline admitted that they should never have boarded the passenger from Lagos.

“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. Gloria Omisore was not an unruly passenger on the first leg of the flight, nor was she rude on the Lagos-Nairobi flight.

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

“Take the blog post by one Charles Onyango-Obbo for instance. The writer still asserts that Gloria Omisore blatantly refused the offer to fly to London. This lie is being told despite the admission of Kenya Airways Country Manager in Nigeria, James Nganga, that the passenger only became frustrated when the 10-hour wait attached to that offer did not come with accommodation.

“This was a bleeding woman who had already experienced the inconvenience of a 17-hour layover. She needed to clean up, possibly have a bath. If the airline was not going to provide the care, its staff could have handled the matter professionally. In the viral video, the airline’s staff could be heard hurling insults and raising her voice in response to the infuriated passenger,” Achimugu stated.

He disclosed that the NCAA gave the airline an opportunity to fix what was wrong and the airline has failed to do so.

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

“On Thursday, in a separate issue, the airline failed to send in a compliance report about a scheduled flight that was delayed for seven hours with no compensation for the passengers.

“When confronted over a phone call, the Kenya Airways team claimed ignorance of the NCAA Regulations. We are sending them a copy of it. But, how can you operate in a foreign country with no recourse to the relevant regulations? How is this different from those who claimed that Omisore should have known the travel documents she needed for her trip?,” he explained in detail.

The NCAA director stated that to this end, a retreat will be put together for all   airlines operating in Nigeria to learn and relearn Part 19 of the NCAA Regulations 2023.

He further stated that added to the other long-ignored cases read out to the Kenya Airways team that attended the meeting, the NCAA is dismayed by the actions of this airline.

“Cases of refunds not paid, lost baggage not compensated for despite admitting to losing them, and failure to honour commitments.

“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,” he said.