Tanzania Reverses Ban On Kenya Airways Flights

Tanzania has announced that it has rescinded its ban on Kenya Airways (KQ) flights on the Dar es Salaam route which was to take effect on January 22, 2024.

In a statement on Tuesday, January 16, the Tanzanian Civil Aviation Authority (TCAA) announced that the aeronautical authorities of the Republic of Kenya have granted the Fifth Freedom Traffic Right to Air Tanzania Company Limited for all cargo services.

This is as per the request of the United Republic of Tanzania, with the latest directive taking effect immediately.

"Following this development, the aeronautical authorities of the United Republic of Tanzania hereby withdraw its Decision of 15 January 2024 and therefore approval for Kenya Airways to operate Third and Fourth Freedom Traffic Rights between Nairobi and Dar es Salaam, is hereby restored with immediate effect," announced TCAA.

"The aeronautical authorities of the United Republic of Tanzania avail itself of this opportunity to renew to the Public the assurances of its highest consideration."

The latest decision came hours after the governments of both countries gave themselves three days to resolve the flight row that escalated with Tanzania's move to impose an indefinite ban on KQ flights.

Through social media posts published on Monday evening, January 15, hours after the announcement was made by the Tanzanian Civil Aviation Authority (TCAA), Kenya’s Prime Cabinet Secretary (CS) and CS for Foreign Affairs Musalia Mudavadi and Tanzania’s Minister for Foreign Affairs and East African Cooperation January Makamba revealed that they held conversations with each other on the matter.

Mudavadi on his part assured Kenyans that there was nothing to fear as both governments committed to resolving the issue within the three days.

"I have this evening spoken to H.E. January Makamba (MP), Minister for Foreign Affairs and East African Cooperation of the United Republic of Tanzania, with regard to the decision of the Tanzania Civil Aviation Authority to rescind the approvals for Kenya Airways to operate passenger flights between Nairobi and Dar es Salaam with effect from 22nd January 2024," he stated,

"We have jointly agreed that our respective Civil Aviation Authorities will work together to have the matter resolved amicably within the next three days. There should therefore be no cause for alarm."

On his part, Makamba wrote "I spoke to my Kenyan colleague Musalia Mudavadi. We agree that restrictions on air travel between our countries and from any of our countries to a third country shouldn’t stand. With relevant authorities, we’ve resolved to settle this issue, per existing agreements, within 3 days."

Transport Cabinet Secretary (CS) Kipchumba Murkomen also issued a statement on the matter, revealing that he initiated immediate discussions with his counterpart in Tanzania, Makame Mbarawa, to resolve the matter, hailing Tanzania as Kenya's neighbour and great economic partner.

The statements by the ministers came moments after KQ issued an abrupt statement announcing that it was notified regarding the Public Notice issued by the TCAA.

The TCAA notice had announced the blocking of the airline from operating flights on the Nairobi-Dar es Salaam route in response to Kenya's refusal to grant Air Tanzania all-cargo flight operations between Nairobi & Third countries.

The Tanzanian aviation regulator had cited a reciprocation of the decision by the aeronautical authorities of the Republic of Kenya to refuse the Tanzanian request for all-cargo flight operations by Air Tanzania Company Limited under Fifth Freedom Traffic Rights between Nairobi and Third countries.

TCAA added that this was contrary to Section 4 of the Memorandum of Understanding on Air Services, between Tanzania and Kenya signed on November 24, 2016, in Nairobi.

Five Freedoms of Air Travel

The five freedoms of air travel are a set of aviation rights that define the extent of permissible air services between different countries. They include:

1. First Freedom (or Freedom of Transit): The right to fly over a foreign country without landing. This freedom allows an aircraft to pass through another country's airspace without having to land there.
2. Second Freedom (or Freedom to Land for Refuelling or Maintenance): The right to land for non-traffic purposes, such as refuelling or maintenance. This freedom enables airlines to stop in a foreign country for technical reasons without necessarily conducting commercial operations.
3. Third Freedom (or Freedom to Disembark Passengers): The right to land in a foreign country to disembark passengers. This allows airlines to pick up passengers in their home country, land in another country to drop off some passengers, and then continue to a third country.
4. Fourth Freedom (or Freedom to Embark Passengers): The right to land in a foreign country to pick up passengers. Similar to the Third Freedom, this freedom allows airlines to pick up passengers in a foreign country and transport them to the airline's home country or another destination.
5. Fifth Freedom (or Freedom to Operate Beyond): The right to carry passengers or cargo from one's own country to another country and then to a third country (beyond). This freedom permits airlines to conduct commercial operations between two foreign countries, with the flight originating or ending in the airline's home country.