Deal Struck Despite Judicial Concerns

A United States federal court has officially dismissed a criminal charge against aerospace giant Boeing related to two catastrophic 737 MAX crashes that killed a total of 346 people, including 32 Kenyan citizens. The ruling on Thursday, November 6, 2025, by U.S. District Judge Reed O'Connor in Fort Worth, Texas, reluctantly approved a request from the U.S. Department of Justice (DOJ) to drop the case. This decision allows Boeing to avoid a criminal conviction for conspiracy to defraud the United States. In his ruling, Judge O'Connor expressed significant reservations, stating he disagreed that dismissing the case was in the public interest and that the government's deal with Boeing "fails to secure the necessary accountability to ensure the safety of the flying public." However, he concluded that he lacked the legal authority to override the prosecutors' decision, as they were presumed to be acting in good faith. The dismissal is part of a non-prosecution agreement that requires Boeing to pay over $1.1 billion in additional fines, compensation to victims' families, and investments in its own safety and compliance programs. This legal chapter closes a painful saga that began with the crash of Lion Air Flight 610 in Indonesia on October 29, 2018, which killed all 189 people on board. Less than five months later, on March 10, 2019, Ethiopian Airlines Flight 302 crashed just six minutes after taking off from Addis Ababa en route to Nairobi, killing all 157 passengers and crew. The victims of the second crash included a large contingent of passengers from over 35 nations, with Kenya suffering the highest number of fatalities.

The Kenyan Connection and Aftermath

The Ethiopian Airlines disaster sent shockwaves through Kenya and the international community, as many passengers were heading to a United Nations Environment Assembly in Nairobi. Among the 32 Kenyans who perished were notable figures such as Hussein Swaleh, former Secretary-General of the Football Kenya Federation, and Georgetown University law student Cedric Asiavugwa. The remains of 28 of the Kenyan victims were repatriated to Nairobi in October 2019, a sorrowful seven months after the crash. Investigations into both crashes implicated a flawed flight control system called the Maneuvering Characteristics Augmentation System (MCAS). The software, designed to compensate for the 737 MAX's larger engines, repeatedly forced the planes' noses down based on faulty data from a single sensor, leaving pilots unable to regain control. It was later revealed that Boeing had concealed critical details about the MCAS system from the Federal Aviation Administration (FAA), the U.S. aviation regulator. This deception formed the basis of the criminal charge filed by the DOJ in January 2021. Following the second crash, the Boeing 737 MAX was grounded worldwide for 20 months, one of the longest such groundings in aviation history. The Kenya Civil Aviation Authority (KCAA) followed suit, banning the aircraft from its airspace. However, the KCAA lifted this ban in February 2021, clearing the path for 737 MAX operators to resume flights to Nairobi.

Outrage from Victims' Families, Future in Kenyan Skies

The court's decision has been met with anguish and anger from many of the victims' families, who have fought for years to see Boeing face trial. At a hearing in September 2025, relatives, including Zipporah Kuria who lost her Kenyan father, Joseph Kuria Waithaka, gave emotional testimony urging the judge to reject the deal. Paul Cassell, a lawyer representing some of the families, stated his intention to appeal the ruling, arguing that the courts "don't have to stand silently by while an injustice is perpetrated." Canadian Paul Njoroge, who lost his wife, three young children, and mother-in-law in the Ethiopian crash, called the dismissal a betrayal by the justice system. "Our pursuit for justice isn't about vengeance — it's about truth, transparency, and public safety," he said in a statement. Despite the controversy, the Boeing 737 MAX is making a return to African skies. Ethiopian Airlines, Royal Air Maroc, and ASKY Airlines are among the African carriers currently operating the aircraft. Critically for the local market, Kenya Airways (KQ) confirmed in August 2025 that it is considering adding three Boeing 737 MAX aircraft to its fleet on a long-term lease, with potential deliveries starting in early 2026. The national carrier views the narrow-body jet as a potential replacement for its aging Embraer fleet as part of a strategy to streamline and modernize its operations. This move highlights the complex balance between the aircraft's documented history and its perceived operational efficiencies for airlines in a competitive regional market.