Fifteen employees of a duty free shop at the Jomo Kenyatta International Airport have challenged a move by the Kenya Airports Authority to evict them today from the airport.
In a petition filed at the Milimani Law Courts, the employees of Maya Duty Free Shop want the court to bar the KAA from evicting them from the premises until their case is heard and determined.
“Restrain any implementation of Clause V paragraph 4(b) of Concession Agreement for Development and Management of Duty Free Retail Services Under a single Master License at JKIA between KAA and Dufry International by eviction or interfering with the duty free business of the Maya Duty Free Ltd.” The petition reads.
They argue that the concession Agreement dated January 22 2015 violates section 21 of the Competition act No.12 of 2010 because it prevents distorts and lessens competition in trade in any duty free goods and services at JKIA, Kenya.
“The agreement also divides the markets by allocating customers and areas for sell and purchase of duty free goods and services a JKIA while all other duty free shops compete in Terminal 1B and 1C and the 3 res has no competition whatsoever and benefits from all customers exclusively passing through Terminal 1A.” the court documents reads.
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According to them, Terminal 1A at JKIA has only two duty free retail shops which are Dufry and Maya Duty Free.
“The Kenya Airports Authority now seeks to implement clauses of the concession agreement by Ejecting Maya from the Terminal and conferring a monopoly to Dufry.” The court documents.
They also claimed that in an urgent quest to confer the monopoly to Dufry, KAA has issued a 48 hour eviction notice against the interested party to close down its duty free shop at Terminal 1A of JKIA.
At its shops at Terminal 1A, Maya has employed the applicants, but in light of the ejection notice aforesaid to implement the illegal concession Agreement, we have written to them advising them that their employment shall be terminated from November 20 through redundancy
They also argue that they are fathers and mothers with children who depend on them for livelihoods and terminating their employment on account of the illegal concession Agreement shall subject them to joblessness.
They also argue that at all the other terminals that serve international clients it is permissive to have more than 1 duty free shop but at Terminal 1 A which is the new Terminal with most of the passenger volume, KAA has conferred monopoly to Dufry.