HIGH COURT GRANTS SKY DIVE DIANI ALL KEY PETITIONS AGAINST ILLEGAL SHUT DOWN ORDER
(Posted 21st May 2019)
The Sky Dive Diani saga is probably well known to most ATCNews readers, namely that government officials ordered a shut down after a tragic accident, but not because of the accident but over allegations that the company was illegally training foreign military personnel.
Not cowed by intimidation and threats did the company take their grievance to the High Court to obtain relevant orders to resume business.
The High Court in Kenya has now delivered a ruling which in all but one point grants the petitioner’s applications including a restraining order against further action by government and security officials.
Writes Sky Dive Diani’s Gary Lincoln-Hope:
Today, after a long and hard fight, the High Court of Kenya finally made its judgement in relation to the Cessation of Operations which was served upon Skydive Diani in the wake of the incident of involving members of the Zambian Air Force and their attendance at our drop zone. The details of that judgement are as follows:
1. An Order of Certiorari to remove into the High Court for the purpose of quashing the decision made and Notice issued by the County Commissioner Kwale County, Mr K J Ngumo to the Ex-parte Applicant on 10th March, 2019 to cease all sky diving activities at its premises until further notice.
AWARDED IN FAVOUR OF SKYDIVE DIANI
2. An Order of Prohibition prohibiting and restraining the Ministry of Interior and Coordination of National Government, the County Commissioner Kwale County, and/ or the police whether by themselves, their servants, agents, employees or whomsoever from further interfering with, disrupting, threatening or in any other way dealing adversely with the Ex-parte Applicant’s peaceful operation of its business and lawful conduct thereof howsoever.
AWARDED IN FAVOUR OF SKYDIVE DIANI
3. A Declaration that the decision of the County Commissioner and/or the Ministry of Interior and coordination of National Government demanding cessation of sky-diving/ parachuting activities “until further notice” was and is invalid, void and of no effect.
AWARDED IN FAVOUR OF SKYDIVE DIANI
4. A declaration that the Ministry of Interior and Coordination of National Government pays the Exparte Applicant the sum of USD 36,000 with interest thereon, being the amount lost by the ex-parte applicant as at 14th April, 2019 in lost memberships which amount continues to grow as more memberships are lost.
NOT AWARDED
5. An injunction restraining the Ministry of Interior and Coordination of National Government, the County Commissioner Kwale County, the Regional Commissioner, the County Commissioner Coast Region, the County Police Commander, the Airport Manager Diani Airport, the Managing Director Kenya Airports Authority, whether by themselves, their servants, agents, employees, assigns or howsoever otherwise
from with interfering, disrupting, causing cessation of business, refusing or ordering refusal of airport rights at Diani Airport or in any other way dealing adversely with the Ex Parte Applicant’s lawful and usual conduct of it business, enjoyment of the sport of skydiving and all incidental and related activities.
AWARDED IN FAVOUR OF SKYDIVE DIANI
