Lawyer Muite demands over 2.6 million in compensation from Kenya Airways over cancelled flight

Prominent city lawyer Paul Muite has demanded compensation from Kenya Airways after he and his family were allegedly stranded in Zanzibar for hours before their flight was cancelled following last week's workers' strike.

In a demand letter dated Monday, September 7, 2026, Muite’s lawyers, Maina Ngaruiya & Company Advocates, accused the airline of grossly mishandling Flight KQ491, scheduled to fly the family from Zanzibar to Nairobi on August 31, forcing them to hire a private charter to Nairobi for USD 20,500 (2.65 million.

The lawyers said the senior counsel Muite, his wife Dr Edith Ndeto Muite, their two daughters and two grandchildren had travelled to Zanzibar for an 11-day holiday and were booked on KQ491, which was scheduled to depart at approximately 10:10 am.

According to the letter, Muite's family was aware of an ongoing Kenya Aviation Workers Union industrial action affecting Kenya Airways operations and repeatedly checked the flight status between 5 am and 6:30 am.

“Notwithstanding the ongoing industrial action, the Kenya Airways online platform and mobile application continued to display Flight KQ491 as ‘Scheduled’ and ‘On Time’,” the lawyers said.

Lawyer Ngaruiya says the family proceeded to Abeid Amani Karume International Airport, arriving at about 8:10 am, where Kenya Airways representatives allegedly assured them that the flight was on time.

The family was issued boarding passes, their luggage was checked in and they proceeded through immigration to the departure lounge.

However, at about 10 am, the airport information board changed the flight status to “DELAYED”.

The lawyers accused Kenya Airways of failing to provide timely information on the cause or expected duration of the delay, despite allegedly knowing that the aircraft meant to operate KQ491 remained at Jomo Kenyatta International Airport.

“Kenya Airways failed to provide our Clients with timely and accurate notice that the aircraft intended to operate their flight had not departed Nairobi and that the operation of KQ491 was in serious doubt,” the letter states.

The family allegedly waited for about seven-and-a-half hours before learning that the flight had been cancelled.

“At approximately 3:45 p.m., over five hours and thirty minutes after the scheduled departure time of 10:10 am., the passengers were informed by a Zanzibar Airport employee that Flight KQ491 had been cancelled,” the lawyers said.

The lawyers further claimed the cancellation was not communicated directly by a Kenya Airways representative and that passengers were allegedly told that the airline would not provide accommodation or food vouchers.

Among the passengers was a three-year-old child who, Muite's lawyers say, endured prolonged waiting, uncertainty and distress, with no basic refreshments, including drinking water, provided.

Muite and his family subsequently hired a private charter to Nairobi at a cost of USD20,500, in addition to Sh52,650 in related expenses.

They had paid Sh596,450 for their return Kenya Airways tickets.

The lawyers are demanding that Kenya Airways refund 50 per cent of the ticket cost, amounting to Sh298,225, reimburse the USD20,500 charter cost and Sh52,650 in additional expenses, besides other documented expenses and general damages.

They are also demanding a written explanation for why the flight continued to be shown as operating, why the family was assured it was on time and why passengers were allowed to check in and clear immigration before waiting for several hours.

Muite, who had meetings scheduled in Nairobi, allegedly arrived a day late as a result of the cancellation.

The lawyers have given Kenya Airways seven days to accept liability and settle the claims, warning that failure to do so will trigger legal proceedings for recovery of the money, damages, interest and costs.

Muite had also publicly complained about the airline’s handling of the disruption.

“Communicating to us, your Passengers who pay for the tickets, is the minimum you can do when there're flight delays or cancellations,” he said.

“Sitting for hours after checking in with zero communication is the height of rudeness to your customers. The Pride of Africa!!”

The demand letter states that the family reserves all rights and remedies available under the contract of carriage, the Montreal Convention, the Consumer Protection Act, the Civil Aviation Act and other applicable laws.

At the time of publishing this story, Kenya Airways had not responded to the demand letter by Muite lawyers.