On Monday, November 19, 2018, Maya Duty Free went back to court in a fresh bid to stop its removal from Jomo Kenyatta International Airport, where it operates at Terminal 1A.
The company’s employees told the High Court that the Kenya Airports Authority breached competition law when it awarded Switzerland’s Dufry International exclusive control of duty free operations at the terminal. They said the move put 13 workers at risk of losing their jobs once the eviction notice expired on Tuesday, November 20.
According to the petition, the workers had already tried to move the matter to the Competition Tribunal, but the case did not proceed because the tribunal lacked quorum. They are now asking the court for conservatory orders to stop implementation of the concession agreement between KAA and Dufry International AG, and to prevent any eviction or interference with Maya Duty Free’s business pending hearing of the application.
The dispute is tied to a contract dated January 22, 2015, which granted Dufry International a monopoly over duty free retail services at Terminal 1A for 10 years, with an option to renew. That arrangement has remained at the centre of the fight over who should control the airport’s duty free business.
The High Court had already dismissed a separate suit by Maya in September, after finding that the company had not shown its constitutional rights were being violated by the eviction order. Despite that setback, the firm is now trying again to keep its operations in place as the deadline approaches.
