The National Civil Aviation Tribunal has dismissed an appeal by four hot air balloon operators in the Maasai Mara National Reserve, Narok County, who sought to stop the licensing of a new competitor.

Skyship Company Limited, Africa Eco-Adventures Limited, Adventures Aloft Kenya Limited, and Balloon Safaris Limited challenged the Kenya Civil Aviation Authority’s (KCAA) decision to grant an Air Service Licence to Ishara Air Balloon Safaris Limited.

The operators argued that limiting the number of hot air balloons in the Mara would help reduce environmental degradation within the reserve, among other concerns.

However, the tribunal, led by Justice Njaramba Gichuki, Valentine Khaminwa, Hassan Hache, John Kiili, and John Aruma, ruled that there were insufficient grounds to revoke Ishara’s licence.

“We do not think sufficient reasons have been brought before the tribunal to overturn the decision of the Kenya Civil Aviation Authority in granting Ishara an Air Service Licence. We, therefore, decline to set aside the decision,” said Justice Gichuki.

The tribunal further noted that the contested licence had already expired, and there was no indication as to whether an application for renewal had been submitted.

The four companies claimed that they had, in collaboration with relevant stakeholders, including the Narok County Government, submitted written objections against granting the licence to Ishara Air Balloon Safaris Limited.

In an affidavit sworn by Paramjeet Mhajan, the operators argued that the KCAA had failed to consider all relevant representations, supporting documents, and environmental concerns, contrary to the Civil Aviation Act.

The operators cited an advertisement by the Narok County Government in the Daily Nation on 28 October 2022, which invited balloon operators to submit documentation for an audit of tourist facilities in the reserve. This was part of efforts to develop the Maasai Mara Management Plan.

During a stakeholder meeting on 13 October 2022, the operators reportedly agreed to scale down the number of hot air balloons operating in Pose Plains to conserve the ecosystem and mitigate environmental degradation.

“Following the consultative meeting, it was resolved that all balloon operators within the Maasai Mara National Reserve, especially those operating around Pose Plains, should scale down their operations by reducing the number of balloons per day,” said Mhajan.

Legal flaws in the licensing process

Mhajan further accused the Air Authority of making legal errors in Kenya Gazette Notice No. 6959, published on 22 May 2023. He claimed the notice falsely stated that it related to previously published particulars in Kenya Gazette Notices No. 15926 of 2022 and No. 2774 of 2023, instead of No. 2773 of 2023.

He described this omission as misleading and contrary to Section 69(f) of the Civil Aviation Act No. 21 of 2013 and Regulation 28 of the Civil Aviation (Licensing of Air Services) Regulations, 2018.

The Kenya Civil Aviation Authority maintained that it had followed due process in granting the licence to Ishara Air Balloon Safaris Ltd.

According to KCAA, a public hearing was held on 13 January 2023 to determine the licence application, and all stakeholders were given an opportunity to present their objections.

The Air Licensing Authority insisted that its decision was made in line with natural justice and fair administrative action and that the licence was issued in full compliance with the Civil Aviation (Licensing of Air Services) Regulations, 2018.