Kenya High Court stops tint ban on private vehicles

Private motorists got a reprieve Thursday when the High court temporarily stopped the directive that all motor vehicles with tinted windows be impounded.

Justice George Odunga said that the directive by the Inspector General of Police Francis Kimaiyo only targets Public Service Vehicles.

Justice Odunga issued the order following a case filed by motorist Akitch Okola over the directive to impound all vehicles with tinted windows.

Mr Okola through lawyer Stephen Ligunya has sued the Inspector General of Police over his directive.

He argued that the law only prohibits PSVs from having tinted windows and that the directive infringes on rights of private vehicle owners.

The judge granted his request by stopping the seizing of privately owned vehicles by the police following Mr Kimaiyo’s directive on May 13.

“I hereby stop the Inspector General of Police whether by himself, his agents or persons acting under him from impounding private motor vehicles with tinted windows by any way, effecting the said directive until this case is heard and determined,” said Justice Odunga.

The judge also allowed Mr Okola to challenge that directive.

According to Mr Ligunya, Traffic rules 1953 at Rule 54A states that “a person shall not drive or operate a PSV that is fitted with tinted windows or tinted windscreen.”

He further argues that that law exclusively prohibits PSV from the use of tinted windows and in this case tinted means shaded, coloured or treated in a similar manner so that the persons or objects inside are not ordinarily seen clearly from outside.

He also claims Mr Kimaiyo should focus on his mandate of exercising independent command over the National Police Service or as assigned by national legislation and not amend subsidiary legislation.

“In as much as Article 245 of the constitution which was enacted by Parliament as the National Police Service Act (2011) states Mr Kimayio’s functions, it does not include amending subsidiary legislation,” said Mr Ligunya in court documents.

Mr Ligunya alleges that only the Transport Cabinet Secretary is allowed to issue such a directive and that he therefore acted unreasonably as well as irrationally.

“The decision to direct the impounding of all vehicles with tinted windows is grounded on gross error of fact by purporting to state that privately owned vehicles are also subject to the directive,” said Mr Ligunya.