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Masai Mara hot air balloon operators fail to block their rival
Hot air balloons. Four hot air balloon operators had challenged the granting of the licence to their rival, claiming that the Narok County government had ordered them to reduce the number of balloons operating in the area each day in order to preserve the ecosystem and prevent further environmental degradation.
A tribunal has dismissed an appeal by four hot air balloon operators opposing issuance of a licence to a rival firm to operate within the Masai Mara National Reserve.
The International Civil Aviation Civil Aviation Administrative Review Tribunal threw out the case saying they saw no reason to interfere with the decision of Kenya Civil Aviation Authority (KCAA). The sector regulator issued a one-year air service licence to Ishara Air Balloon Safaris Ltd to operate within the vast game reserve.
Four operators, Skyship Company Ltd, Africa Eco-Adventures Ltd, Adventures Aloft Kenya Ltd and Balloon Safaris Ltd, however, objected to the issuance of the licence to their rival alleging that the Narok County government had directed them to reduce the number of air balloons operating in the area per day, to conserve the ecosystem and avoid further degradation of the environment.
“In conclusion, we do not think that sufficient reasons have been brought to the tribunal to interfere with the decision of the respondent in granting the Interested Party an Air Service Licence,” the tribunal chaired by Njaramba Gichuki said. “We, accordingly, decline to set aside the decision of the respondent (KCAA),” the tribunal said. The balloon operators sought the quashing of the licence granted to Ishara Air Balloon Safaris Ltd.
The firms claimed that on October 5, 2022, the chief park warden invited all balloon operators to a meeting.
The agenda of the meeting was to identify a centralised take-off and landing area for all balloons, to reduce the level of environmental degradation that was being experienced within the reserve, amongst other issues.
After the meeting, it was resolved that all balloon operators located within the Masai Mara National Res scale down their operations. A few days later, they said Narok placed an ad inviting air balloon operators.
They said a week later, KCAA published in the Kenya Gazette the particulars of an application by Ishara Air Balloon Safaris Limited for the issuance of an air service licence.
The firms and other stakeholders, including the Narok County Government, submitted their respective written representations objecting to the grant of the licence.
The civil aviation regulator then conducted a public hearing on January 13, 2023, to determine the application of Ishara Air Balloon Safaris Ltd.
The air balloon operators then wrote to KCAA requesting to be furnished with reasons for its decision to grant the licence to Ishara Air Balloon Safaris Ltd.
The regulator said it duly complied with the legal procedures in granting the licence after considering all factors and representations from a public forum, relevant information and supporting documents submitted by objectors.
KCAA said it was satisfied that the Ishara Air Balloon Safaris had met the requirements of the National Environmental Management Authority (Nema) as evidenced by the Environmental Impact Assessment licence.
Ishara Air Balloon Safaris Ltd on its part wrote to the county government expressing interest in providing air balloon services specifically over Pose and Olkiombo Plains.
The firm said it obtained an environmental impact assessment from Nema as its experts had confirmed that since the company would operate using propane gas, it would be cleaner than butane and petrol for the environment.
Ishara Air Balloon Safaris Ltd further submitted that it proposed environmental harm mitigation measures around its landing and take-off sites and its clean fuel as part of its application.
“Looking at the totality of the proof provided by the Appellants in contrast with that of the Respondent and the Interested Party (Ishara), it is our considered view that fair administrative action was employed by the Respondent and it is our determination that the Respondent has satisfactorily established that following initial gazette publication and a call for public participation, the onus is on the Appellants to table their objections and to participate in the processes,” said the tribunal.
