Kenyan Pilot Demands Sh181 Million from Kenya Airways for Unlawful Dismissal

A former Kenya Airways pilot who was dismissed for reportedly refusing to fly a faulty aircraft has sued the national airline.

In his suit filed at the Milimani Law Courts in Nairobi, John Miriti Mbarire is demanding Sh181 million for unlawful dismissal.

KQ terminated his contract after he caused a 34-minute delay in a flight from Nairobi to Kisumu in 2017. The airline also accused him of using wrong channels to request a sick day.

Mbarire, who still had five years before retirement, wants the court to compel the airline to pay salary and allowances for the period, totaling Sh170.3 million plus damages of Sh11.3 million.

On its defense, KQ maintains it rightfully fired Mbarire, noting that he had a history of run-ins with authorities and that his responses were considered insufficient by a team that presided over his disciplinary hearings.

Five days after the 34-minute flight delay, Mbarire, who was in charge of the flight, was served with a notice to explain why he should not be punished for causing the delay and bringing the airline’s brand to disrepute.

Appearing before the disciplinary panel, Mbarire said he could not guarantee regular braking once the plane landed at Kisumu International Airport.

He further explained that he feared stress from the two flights he had completed that day did not make him the best person to fly the plane to Kisumu.

He also revealed that a colleague who last flew the plane had complained of mechanical problems which he noticed as he directed the flight to Mombasa.

He submitted that he feared it was too risky to fly the plane to the lakeside city, which was experiencing heavy rainfall and thunderstorms at the time.

In its ruling, the disciplinary committee said that Mbarire should have communicated his stress level earlier and that refusing to fly at the last minute showed a “don’t-care attitude”.