A zambian soldier is reported to have died while skydiving in mid February this prompting the government to issue a letter to Diani skydiving club to stop its activities.
Last month a diplomatic row erupted between Kenya and Zambia when 14 Zambians entered Kenya on a tourist visa but ended up engaging in skydiving over Diani
One of them, David Pumulo, a warrant officer died after falling from the sky after his parachute tangled with another paratrooper’s parachute.
Attorney General Paul Kihara now wants Diani suit following their suspension dismissed. He argues that Skydive failed to disclose in its document that it was involved in the training of foreign security officers.
Through litigation counsel Nguyo Wachira, Mr Kihara said the club did not disclose that it had been paid by a foreign government to conduct air force training.
“The air force training conducted by the applicant violated Section 65 of the Penal Code,” Mr Wachira said.
In its application, SkyDive Diani Club wants the court to quash a decision issued by the Mr Ngumo, the county commissioner, directing it to cease all skydiving operations at its premises.
The skydiving club also wants a declaration that the decision of the county commissioner and the ministry of interior demanding cessation of skydiving and parachuting activities is invalid, void and of no effect.
SkyDive Diani club also wants a declaration that the Interior ministry pays it US dollars 36,000 (Sh3.6 million) with interest, being the money it lost as at April 14 in lost memberships, an amount that continues to grow as more members are lost.
The club says it has been in operation from December 2013, creating a new niche in sports tourism with a value equal to about 7.68 billion dollars.
In his affidavit, Mr Lincoln argued that there is a difference between military parachute training and civilian sports skydiving, which the club is engaged in.