Kenyan Airline to Pay Woman with Disability Sh400,000 for Discrimination

A Kenyan budget airline has been instructed to pay a sum of Sh400,000 to a woman with a disability for their failure to aid her in boarding their aircraft six years ago.

According to High Court Judge Hedwig Ong'udi, the failure of Fly 540 airline to provide adequate assistance equipment to Dr Agnes Mithamo Nyaga when she boarded the plane at Eldoret International Airport on April 29, 2016, violated her rights. The judge also highlighted that individuals with disabilities have fundamental entitlements to the pertinent resources and support necessary for comfortable lives and access to various destinations within society’s limits. Dr Nyaga was traveling to Nairobi for a three-day conference held by the Kenya Pediatricians Association. However, the airline did not possess specialized chairs to aid her in embarking and disembarking from the aircraft.

“I find that the respondent did indeed violate the petitioner’s right against discrimination under Article 27 (1) & (4) of the Constitution which in turn violated the petitioner’s right as a person living with disability under Article 54(1)(a) of the Constitution since the differentiation was based on her disability,” the judge said on Monday.

In court, Justice Ong'udi ruled that it was not Dr Nyaga's responsibility to secure her boarding arrangements. He said the responsibility fell squarely on the airline to assist her from the get-go, which they failed to fulfil. Dr Nyaga's lawsuit aimed at holding the airline responsible for violating her inalienable rights, a move that resulted in psychological harm. In her testimony, she revealed how the check-in personnel frequently inquired about her ability to board without any help.

Dr Nyaga revealed that sometimes she boarded flights without assistance, however, due to her disability, climbing stairs posed a significant challenge. She recollected instances when she was granted a wheelchair and transported via either a chair lift or forklift to the plane. Regrettably, during this particular incident, the pilot forbade the use of the forklift.

Upon arriving at the airport, she asked if there was a chair available for boarding the flight. However, she was subsequently notified that none existed and that instead, four male cabin crew members would assist her up the aircraft's stairs. To facilitate her boarding, she was granted priority and wheeled closer to the airplane. Disappointingly, whilst ascending to the flight, she slipped and got her one leg stuck in the staircase.

Dr Nyaga made another attempt to board the aircraft, only to be halted by the Captain's predictions of a staggering 40-minute delay in helping her up the stairwell. Eventually, she was returned to the waiting lounge where she spent the night having missed her flight. It was only until the next day that she was able to finally leave the airport. However, Dr Nyage cited that despite the frustrating situation, the airline's management did not bother to reach out or respond with any form of communication.

The next morning, she met with the airport manager, shared her experience, and was given a ticket on Jambojet to Nairobi. The pilot denied the allegations, stating that he witnessed a commotion on the tarmac as she refused assistance and insisted on boarding independently.