The High Court has dismissed a petition filed by activist and Busia Senator Okiya Omtatah that sought to prohibit Kenya Airways from training its pilots in South Africa.
Justice Hedwig Ong’undi said the orders sought by Omtatah had been overtaken by events since the programme had been suspended indefinitely.
KQ had on December 11 2019, invited applications for trainee pilot positions and was in the process of shortlisting candidates for the training under its Ab initio pilot trainee programme.
The documents indicated that training entails training of persons who have no previous experience, to the level where they acquire commercial pilots licenses.
The trainees are sent to flight schools in South Africa.
Omtatah claimed KQ has solicited and continues to receive public monies to keep the company afloat.
However, KQ denied using public monies to fund an initio programme or any other programme. It said loans are obtained from the Co-operative Bank of Kenya to individual pilot trainees (cadets) for the said programme.
Judge Ongundi said Omtatah failed to produce any evidence to demonstrate that the monies given to the airline by the government are specifically for the said programme.
She said she cannot issue a compelling order against the airline as it is not a public entity meaning it owes no legal obligation to the public.
Omtatah had in his case sought an order compelling KQ as a recipient of public funds to procure its pilot training services and other goods and services in compliance with the constitution.
The judge said the programme may or may not be revived.
“Suppose this court grants the orders sought, can they be enforced? The answer is a resounding no as the orders are pegged on whether the program will be revived or not,” she said.
She said the programme having been suspended, the prohibition order sought cannot be issued.
Edited by Kiilu Damaris
