Kimaiyo ban on tinted windows illegal: High Court
11 July 2014, 21:35
Nairobi - Private
motorists with tinted windows will no longer have to drive with fear of being
impounded for breaking any traffic offence.
is after High Court judge George Odunga quashed Inspector General of
Police David Kimaiyo’s May 13 directive that motorists with tinted windows were
to be impounded.
Justice Odunga had temporarily stopped Kimaiyo’s directive on May 20 and
granted a reprieve to private motorists, he said yesterday that the order was
illegal, irrational as well as a procedural impropriety.
deals with regulations must fully understand the law and have a legal basis so
as not to act with unreasonableness or unfairly, contrary to this is an illegality,
irrationationality and a procedural impropriety,” said Justice Odunga.
judge said that although the directive might have been issued due to the high
spate of insecurity in the country recently, it was against the law as public
vehicles are the only ones required not to have tinted windows even if the
Transport ministry was required to ensure security for all road users.
pointing a finger to the National Transport and Safety Authority, (NTSA) and
the transport Cabinet Secretary, Justice Odunga said such bodies mandated to
make any regulations must do so in accordance with the law and not use
executive powers to influence enforcement of any law.
must operate within law not executive exercise, even the ‘excutive’ oughts’ to observe
the same in good faith, not influenced or misdirected,” said Justice Odunga.
regards to the impounding of private vehicles with tinted windows, it was meant
to be a punitive measure in an attempt to secure the country and likened this
to a fatal remedy.
Akitch Okola had sued the Inspector General of Police over this tinted windows
directive claiming that the law only prohibits PSVs from having tinted windows
and that the order infringes on rights of private vehicle owners.
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’.
had further argued 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.
legislation is questioned here, the directive for impounding all vehicles
without specifications was aimed at amending the Traffic laws although without
the right power, I hereby quash that directive and I also prohibit
impounding of tinted vehicles or effecting any punishment with regards to the
same,” the judge ruled.
For the latest on national news, politics, sport, entertainment and more follow us on Twitter and like our Facebook page!
Disclaimer: All articles and letters published on MyNews24 have been independently written by members of News24's community. The views of users published on News24 are therefore their own and do not necessarily represent the views of News24. News24 editors also reserve the right to edit or delete any and all comments received.