By Evelyn Kwamboka
Administrators of an estate belonging to the late Dr Wanjiru Kihoro have moved to court to seek Sh54 million as special damages from an airline.
The claim is on grounds that the 2003 Busia plane crash was allegedly caused by negligence and breaches of statutory duty on the part of Africa Commuter Services.
Her husband, Mr Wanyiri Kihoro, who is one of the administrators, said this is because the company failed to inquire about the runway requirements for a successful takeoff and landing.
He said it failed to conduct the takeoff in accordance with the approved flight regulations taking into account the size of the aircraft, its load and the nature and texture on the runway.
Wanjiru died in 2006 after the January 24, 2003 plane crash in which Labour Assistant Minister Mohammed Khalif also died.
In the suit papers filed in court, Kihoro said MIA International Ltd that he has also sued, negligently and without due care hired out its aircraft to an unqualified and incompetent firm, which did not have technical expertise to safely manage the aircraft in all attendant circumstances.
He claimed the Kenya Airports Authority failed to maintain the Busia airstrip’s perimeter fence to ensure no livestock or people could stray into the airstrip and interfere with the runway surface.
Kenya Civil Aviation Authority (KCAA) has also been accused of issuing a license to an operator whom Kihoro claims had not met the statutory requirements to be issued with such a document.
However, KCAA wants the case to be struck out on grounds that it is time barred.