News

ODM Senator Hon Beatrice Kwamboka sues KQ for mishandling her

ODM’s nominated senator and deputy chief whip at the senate Hon Beatrice Kwamboka has sued the national carrier KQ seeking compensation for the mishandling she suffered at their hands.

According to suit documents seen by www.goodmorningkenya.com, Hon Kwamboka has premised her petition on several articles within the constitution which goes a step further to prove that KQ has a case to answer.

The distinguished senator spoke to us by phone from Kampala where she has been part of the East African Community election observer team and expressed her frustrations from the embarrassing situation in the hands of KQ.

‘’On the 6th December 2020 and in preparation for the December holiday festivities, my two children and I booked and paid a flight with KQ  from Nairobi to Mombasa.I made  the booking and payment of the ticket  well in advance and was  issued with electronic tickets referenced as QSBBTH, QRZ9HZ and QRZ9HZ respectively which highlighted in no uncertain terms that I would depart to Mombasa destination on the 28th December,2020 at 1300 on board the business class of one of the KQ’s aircrafts. Regrettably, on the 28th December,2020 I was shocked to learn that my seat had been improperly and to my inconvenience ‘sold’ to obviously another” favoured” client without first offering me an apology and a similar alternative. ‘’ lamented the senator.

 As if this was not enough, the Senator’s children were forced to travel without the company of their mother who was left stranded at the Jomo Kenyatta International Airport for hours before she could find an alternative means of getting to Mombasa.

The decision to shift her from the business class of the Respondent’s aircraft to their economic class was without basis or any reasonable justification as the senator had long reserved and paid for her seat at the business class and subsequently issued with a receipt.

That the Respondent’s action of transferring the Petitioner from the business class to the economic class without her participation or consultation offends her right to a fair administrative action that is fair and her right to receive in writing reasons for such an adverse action being taken against her.

Reads part of the petition.

It is this unilateral decision to inconvenience her that has made her to seek legal redress.

‘’ My pleas for a just treatment at the hands of our national carrier staff fell on deaf ears. My kids were forced to travel alone to Mombasa. I have even tried in vain to get KQ apologize but all in vain. It is therefore very much in order for me to seek legal redress as enshrined in our constitution. How many other Kenyans have gone through the ordeal.? Quipped Sen Kwamboka.

KQ should be compelled to compensate the petitioner.

According to the suit papers, the Hon Senator is praying as below..….

  1. …. A declaration that the Respondent’s decision to unilaterally transfer the Petitioner from the business class of its aircraft to the economic class despite her prior booking and payment of the airfare demanded and the receipt issued in that regard is wholly discriminative of her as against other passengers, an affront to the petitioner’s consumer rights, unfair, unreasonable and unjust exercise of administrative action as provided and guaranteed under article 27,46 and 47 of the Constitution of Kenya.
  • A declaration that the unilateral decision to transfer/move the Petitioner from the business class of its aircraft to the economic class despite her initial booking and payment of the airfare demanded in the circumstances is not only in dignifying as it offends the social status of the Petitioner but is also an illegal exploitation of the petitioner’s right to property as provided for under article 28 and 40 of the Constitution.
  • An order does issue directing the Respondent to compensate the Petitioner for the violation of her rights and fundamental freedoms under article 27,28,40,46 and 47 of the Constitution of Kenya.
  • An order of mandamus does issue pursuant to section 16(2) Consumer Protection Act No.46 0f 2012 compelling the Respondent to reimburse the Petitioner the excess or the difference in airfare chargeable to persons that were travelling on the 28th December,2020 in economic class compared to those travelling in the business class of its aircraft.
  • The court does make an order directing the Respondent to pay to the Petitioner exemplary and /or punitive damages or such other relief as the court considers proper in the circumstances.
  • Costs of this petition and the interests be provided for at the court’s rate.

We did ask the lawmaker if it  was indeed in order for her to sue a national carrier and she had this to say..

‘’ As citizens, we must take advantage of the constitution which allows us to enjoy fundamental rights, we have that prestige and whenever we feel offended, we must seek recourse.’’

She said.

The sanator proceeded to quote relevant articles which grants her the latitude to seek legal rredress.

 ‘’ Our katiba in Article 20 observes that the Bill of Rights applies to all law and binds all State Organs and all persons. It further observes that every person in entitled to enjoy the rights and fundamental freedoms in the bill of rights to the greatest extent consistent with the nature of the right or fundamental freedom. And it goes further in

Article 22 which empowers everyone with the right to institute court proceedings claiming that a right or fundamental freedom in the Bill of Rights has been denied, violated or infringed, or is threatened. (2) In addition to a person acting in their own interest, court proceedings under clause (1) may be instituted by a person acting on behalf of another person who cannot act in their own name; a person acting in the interest of a group or class of persons; or a person acting in the public interest. Therefore those who have contrary opinion to my seeking justice should go forth and quote the relevant articles in our constitution that I have violated’’ added Sen Kwamboka.

The case is currently before the High court and justice shall soon be served.

Show More

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button