Kenya Airways delay and cancellation compensation

Checked 15 Sep 2026·8 min read

£260 a passenger is owed when a Kenya Airways flight departing a UK airport on a route over 3,500 km reaches its final destination 3 to under 4 hours late, rising to £520 from 4 hours, unless Kenya Airways proves extraordinary circumstances. Fly the same 6,841 km the other way — Nairobi to London, booked on its own — and neither regime pays a cent, because Kenya Airways holds no UK or EU operating licence.

• UK261 ££220–£520per passenger, 3 h or more late at arrival
• EU261 €€250–€600per passenger, 3 h or more late at arrival

Key facts: Kenya Airways

Source: UK261 arts. 3 and 7, Limitation Act 1980 s.9 — legislation.gov.uk; EU261 arts. 3 and 7 — eur-lex.europa.eu; EASA third-country operators list (14 September 2026) — easa.europa.eu; CAA licence holders and ADR pages — caa.co.uk, checked 2026-09-15.

#Why do UK261 and EU261 cover Kenya Airways only on flights departing the UK or EU?

Kenya Airways holds EASA authorisation KEN-0001, not a UK or EU operating licence, so UK261 and EU261 cover it only when the flight leaves a UK or EU airport — coverage runs on the licence, not on distance, and an arriving flight earns nothing however delayed.

Source: EU261 art. 3(1) — eur-lex.europa.eu; UK261 arts. 2(c), 2(m) and 3(1) — legislation.gov.uk; EASA third-country operators list — easa.europa.eu; CAA airline licence holders — caa.co.uk, checked 2026-09-15.

KENYA AIRWAYS PLC holds authorisation KEN-0001 on EASA’s list of third-country operators, current as of 14 September 2026, and does not appear on the CAA’s UK Type A list. An authorisation to fly here is not a licence issued here, so arrival cover, reserved for a UK or Community carrier, never reaches Kenya Airways.

Which rules apply to your Kenya Airways flight

#UK261 on a Kenya Airways flight from a UK airport

London Heathrow to Nairobi departs the UK, so UK261 covers it outright under article 3(1A): a single booking sold as one unit is treated as departing from its first airport. In Gahan v Emirates [2017] EWCA Civ 1530, the Court of Appeal held that on a single UK-departure booking on a non-EU carrier, compensation is measured at the final destination, a connection outside the EU included — on a Heathrow–Nairobi–Kigali booking the clock reads at Kigali. The decision binds courts in England and Wales.

#EU261 on a Kenya Airways flight from an EU airport

The same rule runs from an EU, Icelandic, Norwegian or Swiss departure instead, under Folkerts (C-11/11, 2013): the connection’s final stop decides the euro band there too. Nairobi to London, booked on its own, departs a country outside both regimes: no claim arises, whatever the delay.

Flying through Canada instead? The Air Passenger Protection Regulations use a different scale. A damaged bag falls under the Montreal Convention; a US-only itinerary sits outside UK261 and EU261 entirely, under US DOT rules. Sort a mixed booking with which law covers my flight.

#How much does Kenya Airways owe for a 3-hour delay from a UK or EU airport?

£260 a passenger is owed for an arrival 3 to under 4 hours late on this route; £520 applies from 4 hours, both under UK261’s over-3,500 km band. EU261 pays €300 or €600 the same way, only on a departure from an EU, Icelandic, Norwegian or Swiss airport.

Source: UK261 arts. 2(n), 6(3), 7(1)-(2) and 7(4) — legislation.gov.uk; CAA, Delays — caa.co.uk; EU261 art. 7(1)-(2) — eur-lex.europa.eu; Sturgeon (C-402/07 and C-432/07, 2009), para 63 — eur-lex.europa.eu, checked 2026-09-15.

London Heathrow to Nairobi measures 6,841 km on our own great-circle calculation, well past the 3,500 km line, so an arrival four hours or more late on that departure is worth £520 a passenger, unless Kenya Airways proves extraordinary circumstances. Article 7(2)(c) lets the airline halve that; applied to delays under Sturgeon para 63, the CAA’s own table puts the reduced figure at £260 for an arrival under four hours. Fly the identical distance home from Nairobi and none of this changes except the licence.

Check your own band in the compensation calculator, then the UK261 delay compensation guide.

#How do you claim compensation from Kenya Airways directly?

Article 3 is what a Kenya Airways claim turns on, so its first line names the departure airport: from Nairobi there is nothing to ask for, from a UK or EU airport the whole band amount. Then the flight number and date, and how late you reached your final stop.

Source: UK261 arts. 6(1), 7(3), 8(1) — legislation.gov.uk; EU261 arts. 6(1), 7(3), 8(1) — eur-lex.europa.eu, checked 2026-09-15.

Put it in writing, by Kenya Airways' own claim channel or by letter, with your booking confirmation, boarding passes and disruption message attached.

Reimbursement is a separate right that survives a refused claim: article 8(1) returns the ticket price within seven days after a cancellation you don’t want re-routed, and a delay of five hours or more opens the same door — on the covered leg only.

Date-stamp what you send: PACT opens 8 weeks after a silent claim, or at once if Kenya Airways refuses your claim in writing.

#Where do you escalate a refused Kenya Airways claim from a UK flight?

None of the CAA’s three ADR schemes lists Kenya Airways, checked 15 September 2026, so only the non-binding Passenger Advice and Complaints Team (PACT) can take a UK-departure complaint — after 8 weeks of silence or a refusal on paper — before an unresolved claim needs a court in England and Wales, Northern Ireland or Scotland.

Source: CAA, Alternative Dispute Resolution and How the CAA can help — caa.co.uk, checked 2026-09-15.

From an EU airport instead, complain to that country’s enforcement body, per the European Commission’s list updated 27 August 2026.

#If Kenya Airways rejects your claim

Ask Kenya Airways in writing which cause it relies on for your claim and what measures it took. Article 2(o) of UK261, and article 5(3) of EU261, hold the only excuse either text allows, and what qualifies and what never does is the subject of its own page — and even then, meals, a hotel, re-routing and a refund on the covered leg stay owed.

In an MSE forum post from October 2025 (passenger report), userID 3160144 writes: “i took a Kenyan airways flight London Heathrow to Antananarivo via Nairobi. Plane delayed over 3 hours at Nairobi. Arrived at Antananarivo over 3 hours late.” Kenya Airways refused the claim outright; the claims company handling it cited the Montreal Convention, not Kenya Airways, and the poster asked whether to pursue the CAA instead. One thread is an anecdote.

Name the operating company, KENYA AIRWAYS PLC, in anything that reaches a court. The Nairobi-departing leg has no rejection to argue: it was never inside either regulation, whatever caused the delay.

Compare the ADR scheme guide, the ADR membership map and the refused compensation guide.

#How long do you have to claim against Kenya Airways?

6 years is the court deadline in England and Wales and Northern Ireland for a UK261 claim against Kenya Airways, under the Limitation Act 1980 and its Northern Irish equivalent. Scotland’s 1973 Act sets 5 years instead, a point no Scottish court has decided for UK261.

Source: UK261 art. 3(9); Limitation Act 1980 s.9; Limitation (Northern Ireland) Order 1989 art. 4; Prescription and Limitation (Scotland) Act 1973 s.6 — legislation.gov.uk, checked 2026-09-15.

EU261 sets no fixed period of its own: the Court of Justice held in Cuadrench Moré (C-139/11, 2012) that each Member State’s own limitation rules apply instead, decided by wherever the covered leg departed from. That question never arises from Nairobi, which carries no claim to time-limit at all.

In England and Wales, a £520 UK261 claim is a small claim: limit £10,000, £70 to issue if unpaid.

Similar third-country airlines: EgyptAir, Royal Air Maroc, Emirates and Singapore Airlines.

General information, not legal advice. For your specific case, contact the CAA, the enforcement body of your departure country or a solicitor.

#Sources

• Regulation (EC) No 261/2004, arts. 2, 3, 5, 6, 7 and 8 – eur-lex.europa.eu, checked 2026-09-15.
• Regulation (EC) No 261/2004 as it forms part of UK law, arts. 2-9 – legislation.gov.uk, checked 2026-09-15.
• The Aviation (Consumers) (Amendment) Regulations 2023 (SI 2023/1370) – legislation.gov.uk, checked 2026-09-15.
• Limitation Act 1980 s.9 – legislation.gov.uk; Limitation (Northern Ireland) Order 1989 art. 4 – legislation.gov.uk; Prescription and Limitation (Scotland) Act 1973 s.6 – legislation.gov.uk, checked 2026-09-15.
• Civil Procedure Rules r.26.9, small claims track – justice.gov.uk; gov.uk, Make a court claim for money (fees) – gov.uk, checked 2026-09-15.
• EASA, Authorised Third Country Operators (updated 14 Sep 2026) – easa.europa.eu, checked 2026-09-15.
• Civil Aviation Authority, Airline licence holders, Delays, Alternative Dispute Resolution and How the CAA can help – caa.co.uk, checked 2026-09-15.
• European Commission, National Enforcement Bodies — Regulation (EC) No 261/2004 (updated 27 Aug 2026) – transport.ec.europa.eu, checked 2026-09-15.
• Sturgeon, joined cases C-402/07 and C-432/07 (2009), CJEU – eur-lex.europa.eu.
• Folkerts, C-11/11 (2013), CJEU – eur-lex.europa.eu.
• Cuadrench Moré, C-139/11 (2012), CJEU – eur-lex.europa.eu.
• Gahan v Emirates [2017] EWCA Civ 1530, Court of Appeal (Civil Division) – caselaw.nationalarchives.gov.uk.

#FAQ

Does Kenya Airways pay UK261 compensation?

Yes, but only when your flight departs a UK airport. On a route over 3,500 km, a delay of 3 to under 4 hours pays £260 and 4 hours or more pays £520, unless Kenya Airways proves extraordinary circumstances. A flight arriving in the UK earns nothing: Kenya Airways PLC is a third-country operator.

Does EU261 apply to Kenya Airways flights into Europe?

Only on departure. EU261 covers a Kenya Airways flight leaving an EU, Icelandic, Norwegian or Swiss airport, worth €250, €400 or €600 per passenger for a delay of three hours or more, unless Kenya Airways proves extraordinary circumstances. A flight arriving in the EU from outside it is not covered: Kenya Airways holds no EU operating licence.

How do I claim compensation from Kenya Airways?

1 journey, not 3 legs: on a single Heathrow to Nairobi to Kigali booking the delay is measured at Kigali, under UK261 article 3(1A) and Gahan v Emirates [2017] EWCA Civ 1530. Send Kenya Airways that arrival delay or the cancellation notice, the flight number and date, and the booking confirmation, naming KENYA AIRWAYS PLC.

How long do I have to claim against Kenya Airways?

6 years is the time limit in England and Wales and Northern Ireland for a UK261 claim, under the Limitation Act 1980 and its Northern Irish equivalent. Scotland's 1973 Act sets 5 years, an open point for UK261. EU261 fixes no period at all - each country's own limitation law decides instead.

Is my return flight from Nairobi covered if my outbound flight from London was?

Not on its own: a Nairobi departure sits outside both regimes. Whether a return leg on the same booking is treated differently is not settled by our sources, so claim and let the airline argue it. London to Nairobi pays £260 at 3 to under 4 hours late, £520 from 4 hours, unless Kenya Airways proves extraordinary circumstances.