Emirates Wins Court Battle Against JKIA Ground Handler Over Contract Termination

A Nairobi court has dismissed an application by Transglobal Cargo Services (operating as Africa Flight Services) that sought to stop Emirates from terminating a long-standing ground handling agreement at Jomo Kenyatta International Airport (JKIA).

The High Court ruled that while the Standard Ground Handling Agreements (SGHAs) for both cargo and passenger handling services technically expired in March 2024, only the passenger services agreement required a formal 60-day notice of termination. This was provided by Emirates.

Transglobal had asked the court to block Emirates from modifying or cancelling the contracts it had operated under since 2013 and 2019. The airline had recently floated a new ground handling tender, prompting fears from Transglobal that it was being unfairly pushed out of its long-held position.

Justice Alfred Mabeya, who presided over the case, acknowledged that Transglobal had built a credible case regarding cargo and freighter ramp handling, but ruled that an injunction was not necessary since Emirates had clarified the cargo services were mistakenly included in the new tender call.

“Where a party is entitled to terminate a contract, it can do so as the contract provides,” said Justice Mabeya. “In this case, Emirates is entitled to issue a 60-day notice and thereafter terminate the SGHA on passenger handling services.”

Transglobal had provided Emirates with cargo warehouse and passenger services for over 19 years, making significant investments in infrastructure and operations to fulfil its obligations.

The judge added that Transglobal could seek damages for any procedural breach including the lack of a formal 60-day notice tied to the passenger handling contract.

The court decision clears the path for Emirates to continue its tender process at JKIA.

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