Swift Kenya-Tanzania flight deal ends diplomatic flare

Dar es Salaam. Just one day after the Tanzania Civil Aviation Authority (TCAA) announced the suspension of all Kenya Airways (KQ) passenger flights between Nairobi and Dar es Salaam, the matter has now been swiftly resolved.

In a tit-for-tat move, the TCAA suspended all Kenya Airways passenger flights between Nairobi and Dar es Salaam with effect from January 22, 2024. Kenya Airways operates 33 scheduled flights per week between Nairobi and Dar es Salaam.

TCAA’s decision was in response to Kenya's recent rejection of Tanzania's request to allow its airline, Air Tanzania Company Limited (ATCL), to operate cargo flights between Nairobi and third countries.

But in a swift resolution to the matter, ATCL has now secured cargo traffic rights in Kenya, while Kenya Airways sees its coveted passenger route between Nairobi and Dar es Salaam restored, marking an end to a brief diplomatic ripple.

Kenyan authorities announced yesterday that they were granting ATCL the Fifth Freedom Traffic Right for all-cargo services, allowing the airline to pick up and drop off cargo in Kenya as part of its international flights.

This marks a significant boost for Air Tanzania's cargo operations and opens new trade opportunities between the two countries.

However, the development also led to a reversal of the Tanzanian decision announced yesterday, which withdrew Kenya Airways' Third and Fourth Freedom Traffic Rights between Nairobi and Dar es Salaam.

These rights allow airlines to carry passengers and cargo to and from their own country and a foreign country (Third Freedom) and between two foreign countries (Fourth Freedom).

With the granting of cargo rights to Air Tanzania, the Tanzanian authorities have seen their concerns addressed and have therefore reinstated Kenya Airways' passenger operations on the vital Dar es Salaam route.

This swift resolution ensures continued connectivity between the two East African nations, benefiting passengers and businesses alike.

"This development demonstrates the spirit of cooperation and understanding between Tanzania and Kenya," stated Hamza S Johari, the director general of the Tanzania Civil Aviation Authority. "We are confident that this decision will further strengthen air travel links and trade ties between our two countries," he noted.

On Monday, TCAA said Kenyan authorities' refusal to grant ATCL the rights to operate cargo flights between Nairobi and third countries was a violation of Section 4 of the Memorandum of Understanding (MoU) on Air Services signed between the two countries in 2016. This section provides for reciprocal treatment of airlines from both countries.

"This decision is based on the principle of reciprocity, following the refusal by the Kenyan authorities to grant approval for ATCL's cargo flights despite the clear provisions of the MoU," stated TCAA Director General Hamza Johari in a public notice on Monday.

The dispute between Tanzania and Kenya over air travel rights has been simmering for several months.

In August 2020, Tanzania banned KQ flights for a brief period after Kenya excluded Tanzanians from a list of countries whose citizens could enter without quarantine restrictions. The ban was later lifted.

Why the fifth freedom right matters in aviation

The fifth freedom right is the right of aircraft of country A (in this case, Tanzania), from a service originating in country A (Tanzania), to embark passengers and cargo in country B (in this case, Kenya) and disembark them in country C (any other country apart from the two).

Most countries are usually unhappy with this arrangement. The unhappiness mostly comes from a national carrier or other air operator from that country.

This ironically means that as soon as ATCL had applied for such a right to the Kenya Civil Aviation Authority (KCAA), the latter may have been compelled to involve KQ and other interested parties before granting approval.

Besides, the law requires KCAA to collect stakeholders’ views before granting approval to applications of this nature, and therefore, if KQ and other local carriers object to the new entrants, it is most likely that the applicant will not get the traffic nights.

In March, 2023, ACTL acquired a Boeing 767-300F, which can carry 54 tonnes of cargo, putting the Tanzania’s national carrier on the same league with all other airlines, including KQ, on the international scene in air freight business.