Kenya Airways (KQ) has suspended flights to DRC’s capital, Kinshasa following the arrest of its staff by Congolese security services this past Friday.
“Due to the continued detention of KQ employees by the Military Intelligence Unit in Kinshasa, Kenya Airways (KQ) is unable to support our flights without personnel effectively,” said the Airline on Monday night.
“As a result, we reached a difficult decision to suspend flights to Kinshasa effective 30th April 2024 until we can effectively support these flights.”
The development came after a local financial institution, Tamilnad Mercantile Bank (TMB), reportedly tried to export a staggering $8m without following the legal procedures.
Kenya Airways said its two staff were arrested by Congo’s intelligence due to “missing custom documentation on valuable cargo that was to be transported on a KQ flight on April 12th, 2024.”
During their arrest, their phones were seized, and all access to them has been denied. On April 23rd 2024, the Kenyan embassy officials and a few KQ staff were allowed to visit them but only for a few minutes.
The airline said the cargo being investigated by Congolese officials “was not uplifted or accepted by KQ due to incomplete documentation.”
“The cargo was not on the air side for transportation and, therefore, not in the possession of KQ as the logistic handler was still completing documentation before handing it over to KQ,” said the airline.
“This cargo was still in the baggage section undergoing clearance when the security team arrived and alleged that KQ was transporting cargo without customs clearance. All efforts to explain to the military officers that KQ had not accepted the cargo because of incomplete documentation proved futile,” said KQ.
“The military officers took the two employees to the military side of the air wing (DEMIAP)to record statements. They were held incommunicado until 23rd April, when the Embassy officials and KQ team were allowed to visit them.”
Bank speaks out
TMB Bank denied accusations against it, saying the operation to export banknotes in foreign currencies is a common practice of commercial banks and therefore does not constitute an offence.
“Our bank has complied with all the formalities required for this operation, which is not the first of its kind and is inherent to the operation of banks, particularly for notes unfit for circulation, either because of their condition or because of their series,” said TMB Bank.
Congolese authorities are yet to speak out on the saga which could further strain relations between the two countries.
In December 2023, DRC recalled its ambassador to Nairobi after Kenya hosted the launch of a new coalition of Congolese rebels led by the former president of the Independent National Electoral Commission (Ceni), Corneille Nangaa.
The matter was later resolved amicably.
Kenya Airways said the continued detention of its employees has made it difficult to supervise operations in Kinshasa, which include customer service, ground handling, cargo activities, and generally ensuring safe, secure, and efficient operations.
“We also ask that our staff be treated humanely and respectfully during this unlawful detention,” said the Airline.
On April 24, 2024, KQ filed an application in the military court for the two to be released unconditionally.
The court heard the matter on April 25, 2024, and granted KQ’s request that the two staff members be released to allow due process.
The airline said despite the court orders, the military intelligence unit is still holding them incommunicado, yet these are civilians being held in a military intelligence facility.
Kenya Airways said it adhered to international best practices in handling and transporting cargo.
“The airline has stringent processes and compliance checks known as ‘Ready for carriage’ to ensure any cargo ferried on our flights meets all the statutory requirements across our destinations. All our logistics partners MUST comply with these measures before KQ accepts any cargo,” said KQ.
“These include: Documentation must be compliant and approved by the relevant agencies and regulators of the cargo being ferried. The appropriate authorities must sign and approve security and safety checks, such as weight and relevant documentation. No cargo can be accepted until customs endorsement is given.”
KQ observed that “all cargo must pass the ‘Ready for Carriage’ compliance checks before KQ accepts it, and this is the responsibility of the shipper or logistics partner, not KQ,” adding, “We are perturbed by this action targeting innocent staff and consider it harassment targeting Kenya Airways’ business.”
KQ said it would continue to “cooperate with the investigating agencies and is working with the relevant Government entities in both DRC and Kenya to ensure this matter is resolved.”