A tribunal has dismissed a case brought by Josephine Osiro against Skyward Express, in which she sought Sh2 million in damages for her child, HC.
The child allegedly experienced trauma during a flight from Nairobi to Mombasa. Osiro claimed that her minor child suffered emotional distress due to turbulence encountered during the flight.
The National Civil Aviation Administrative Review Tribunal, comprising Justices Njaramba Gichuki, Valentine Khaminwa, Hassan Hache, John Kiili, and John Aruma, ruled that turbulence is a natural phenomenon and cannot be attributed to any fault on the part of Skyward Express. They stated that liability could not be established without evidence of negligence by the airline.
Justice Gichuki noted that while the minor was understandably frightened by the turbulence and the absence of a parent, there was no evidence to suggest a breach of duty or care by Skyward Express.
The tribunal considered testimony from a psychologist who indicated that the child was scared due to the turbulence but found no basis to attribute this to wrongdoing by the airline.
In her petition, Osiro accused Skyward Express of breach of contract, mistreatment of a child, and causing inconvenience. She detailed that her son was scheduled to travel unaccompanied from Wilson Airport to Moi International Airport in Mombasa on 14 August 2023, with the flight rescheduled multiple times before departing at 12 pm.
The flight was further diverted to Jomo Kenyatta International Airport for an emergency landing due to turbulence, eventually arriving in Mombasa at 2:55 pm. Osiro expressed concern over the lack of communication and care for her son during this period.
Skyward Express defended its actions, with cabin crew member Joseph Ogembo testifying that he attended to the minor throughout the flight, providing refreshments and ensuring his comfort.
The tribunal concluded that, on the balance of probabilities, the minor was appropriately cared for during the flight, especially in the absence of evidence to the contrary.
