Court overturns police directive on tinted windows

What you need to know:

Judge says Inspector General of Police's order was illegal, irrational and a procedural impropriety.
Akitch Okola, a motorist, had sued the Inspector General over the directive claiming that the law only prohibits PSVs from having tinted windows and that the order infringes on rights of private vehicle owners.

Private motorists with tinted windows on their cars will no longer have to drive in fear of having their vehicles impounded for breaking traffic laws.

This is after High Court judge George Odunga on Friday quashed a May 13 directive by Inspector General of Police David Kimaiyo ordering the arrest of such motorists.

Justice Odunga had temporarily stopped Kimaiyo’s directive on May 20 saying the order was illegal, irrational and a procedural impropriety.

“Whoever deals with regulations must fully understand the law and have a legal basis so as not to act with unreasonableness or unfairly,” he said.

The judge said that although the directive might have been issued due to rising insecurity in the country, the law only bars public vehicles from having tinted windows.

He faulted the National Transport and Safety Authority (NTSA) and Transport Cabinet Secretary Michael Kamau saying they are mandated to make regulations but must do so in accordance with the law and not use executive powers to influence enforcement of any law.

“Authorities must operate within law not executive exercise; even the Executive ought to observe the same in good faith,” said Justice Odunga.

Akitch Okola, a motorist, had sued the Inspector General of Police over the directive claiming that the order infringes on rights of private vehicle owners.

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 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.

“The directive for impounding all vehicles without specifications was aimed at amending the traffic laws although without the right power,” the judge ruled. “I hereby quash that directive and I also prohibit impounding of tinted vehicles or effecting any punishment with regards to the same.”