Senior Counsel Paul Muite and his family are seeking more than Sh3 million from Kenya Airways after a cancelled flight allegedly left them stranded at Zanzibar’s Abeid Amani Karume International Airport for several hours. Lawyers representing Muite, his wife, two daughters and two grandchildren have accused the national carrier of breaching its contractual obligations following the cancellation and handling of Flight KQ491 on August 31, 2026.
In a demand letter dated September 7, 2026, lawyers from Maina Ngaruiya & Company Advocates said the family was forced to hire a private charter aircraft back to Nairobi after waiting for about seven and a half hours without basic assistance, including drinking water. The family had travelled to Zanzibar for an 11-day holiday and was scheduled to return to Nairobi aboard KQ491, which was expected to depart at approximately 10:10am.
Family Says Flight Was Listed as On Time
According to the lawyers, the family was aware of the ongoing industrial action by the Kenya Aviation Workers Union (KAWU) and took steps to confirm the status of their flight before travelling to the airport. They reportedly checked the Kenya Airways website and mobile application several times between 5am and 6:30am on the day of travel, where the flight was allegedly still listed as “Scheduled” and “On Time.”
The lawyers argued that the information published on the airline’s official platforms led the family to reasonably believe that the flight would operate as planned.
The family arrived at the airport at around 8:10am, where they sought confirmation from Kenya Airways staff. They were allegedly assured that the flight was operating on time. They proceeded to check in their luggage, received boarding passes and cleared immigration before proceeding to the departure lounge. However, at around 10am, the airport information board reportedly changed the flight status to “delayed.”
The lawyers claim the airline did not provide passengers with timely information explaining the cause of the delay or indicating how long they would have to wait.
Flight Cancellation Communicated Hours Later
The family later discovered that KQ490, the corresponding Nairobi-Zanzibar flight whose aircraft was expected to operate the return journey as KQ491, was still at Jomo Kenyatta International Airport. The advocates questioned why passengers had been permitted to check in and clear immigration when the aircraft had reportedly not yet departed Nairobi.
According to the demand letter, passengers were not informed of the cancellation until approximately 3:45pm, when a Zanzibar Airport employee, rather than a Kenya Airways representative, communicated the information. The lawyers said the family was shocked that the airline had not directly communicated the cancellation to them.
Passengers were reportedly informed that Kenya Airways would not provide accommodation or food vouchers. Instead, they were instructed to go through immigration again, collect their luggage and wait for further communication via email.
Family Hires Private Charter to Nairobi
With the situation unresolved, the Muite family says it arranged a private aircraft to return to Nairobi. The charter cost USD 20,500, approximately Sh2.65 million, with an additional Sh52,650 incurred in related charter expenses. The family’s lawyers are demanding that Kenya Airways reimburse these costs as well as refund part of the unused airfare. The family had paid Sh596,450 for return tickets. The advocates are seeking 50 per cent of the amount, equivalent to Sh298,225, for the journey that was not completed on August 31.
Muite Claims Additional Losses
Muite has also claimed additional losses after the disruption resulted in him arriving in Nairobi a day later than planned. According to the lawyers, the delay caused him to miss meetings that had been scheduled for that day. The advocates have given Kenya Airways seven days from the date it receives the demand letter to accept liability, reimburse the claimed expenses, pay general damages and provide a written explanation regarding the handling of the cancelled flight. The family has also reserved its rights under the contract of carriage, the Montreal Convention, the Consumer Protection Act and the Civil Aviation Act.
The lawyers warned that failure by Kenya Airways to satisfactorily resolve the matter within the seven-day period would result in the commencement of legal proceedings.
