Kenya Airways Faces Lawsuit and Flight Diversions Amid Code-Share Dispute

Kenya Airways, the national carrier of Kenya, has been embroiled in a controversy involving flight diversions and a lawsuit filed by South African Airways (SAA). On November 7, 2026, Kenya Airways Flight 763, traveling from Johannesburg to Nairobi, was diverted to Julius Kambarage Nyerere International Airport in Dar es Salaam, Tanzania. The reason behind the diversion remains unclear.

The next day, November 8, 2026, another Kenya Airways flight, KQ Flight 762, from Nairobi to Johannesburg, was diverted to Gaborone, Botswana. These incidents have raised concerns among passengers, who are demanding an explanation from the airline. The consecutive nature of these events has sparked speculation about a possible underlying issue with the airline's operations.

The dispute between Kenya Airways and SAA stems from a code-share agreement and revenue-sharing arrangements. SAA has initiated legal proceedings against Kenya Airways, citing a breach of contractual obligations. According to reports, SAA is seeking to recover approximately $1.4 million from Kenya Airways. The South African carrier alleges that Kenya Airways failed to repay disputed surcharges and commissions.

The lawsuit filed by SAA claims that Kenya Airways owes $1.12 million in unpaid ticket surcharges for codeshare sectors flown between July 2022 and May 2024. These surcharges include fuel and general operational expenses. Furthermore, an audit of credit memos revealed that Kenya Airways was overpaid $256,342 in codeshare commissions due to incorrect calculation methods.

The dispute originated from a Special Prorate Agreement (SPA) concluded in November 2021 and extended to November 2024, alongside a codeshare agreement. SAA declared a formal dispute in June 2025 and sought arbitration, but Kenya Airways failed to respond or participate in the process. The South African carrier has now sought leave from the South Gauteng High Court in Johannesburg to serve proceedings on Kenya Airways abroad.

The code-share dispute between SAA and Kenya Airways has significant implications for the aviation industry. Both airlines have a long-standing relationship, and the lawsuit may impact their future cooperation. The incident has also raised questions about the reliability and stability of Kenya Airways' operations. Passengers and industry observers are closely watching the developments in this case.

As the situation unfolds, Kenya Airways and SAA are expected to engage in further discussions to resolve their differences. The lawsuit and flight diversions have highlighted the complexities of airline operations and the importance of clear communication between carriers. The outcome of this dispute may have far-reaching consequences for the aviation industry in Africa and beyond.

Key points

• South African Airways has initiated a lawsuit against Kenya Airways over a code-share dispute, seeking $1.4 million in unpaid surcharges and commissions.