Kimaiyo tint ban hits dealers as LSK, IPOA term directive illegal

Dealers in motor vehicle window tinting were last week headed for tough times following Inspector General of Police David Kimaiyo’s fiat against car shades.

The Thursday directive, which the Law Society of Kenya (LSK) and the Independent Policing Oversight Authority (IPOA) have since dismissed as illegal, also hit hard second hand car merchants who will have to spend extra money removing tinted windows from the vehicles.

Owners of private cars with tinted windows also face the prospect of having to strip their windows of tint films – effectively pouring their heavy investments in car shades down the drain. Low- end of market auto window film costs about Sh12,000 while high-end tints that come with added safety, security and health features go for as much as Sh70,000.

LSK on Friday said it would move to court should the police use the ‘‘illegal’’ directive to harass motorists.

“The declaration that all vehicles, including private cars, should not be fitted with tinted windows is unlawful and cannot be enforced in any court of law,” said Eric Mutua, the LSK chairman.

Mr Mutua said LSK would defend any person whose private motor vehicle is impounded on account of window tinting.

IPOA chairman Macharia Njeru said the ‘‘illegal’’ order had inconvenienced many motorists and members of the public.

The Independent Policing Oversight Authority Act requires the authority to hold the police accountable to the public in the discharge and performance of their functions. Mr Njeru asked the public to report to IPOA any unlawful harassment, arrest or seizure of vehicles.

READ: Kimaiyo orders immediate seizure of all cars with tinted windows

Kenya’s automotive tinting industry is dominated by three American brands; namely LLumar, Express Window Films and 3M who have been cashing in on a growing appetite for car shades for aesthetic, health and safety reasons.

The list of top dealers who import and install car window films includes Tirupati Kenya Ltd, Windows Plus East Africa and Wilmart.

“There has been a lot of demand for car window tinting and our fear was that the directive, which was issued without a warning and is not supported by any law would drive us out of business,” said a dealer, who sought anonymity for fear of police harassment.

“It would cost more than Sh100,000 to change tinted glass windows and windscreens for high-end cars that come with factory tints,” he said.

Mr Kimaiyo had directed that all vehicles with tinted windows, whether public or private, be impounded with immediate effect.

He said the measure was necessary in the wake of terror attacks that continued with last Friday’s two improvised explosive device (IED) blasts at Nairobi’s crowded Gikomba market.

An industry executive said vehicles account for about a quarter of the entire tinting business with the remaining 75 per cent coming from real estate –commercial and residential properties.

It is estimated that at least 1,000 cars have their windows tinted monthly taking the estimated value of the business to millions of shillings.

Car tints are installed to enhance a vehicle’s appearance, protect interior upholstery from fading and cracking as well as for safety.

High-end window films help protect against dangerous UV rays, prevent glass shattering in the event of an accident, reduce blinding glare and painful eye strain besides reducing the heat.

Tinted windows also offer privacy and others say it helps prevent carjackings, especially for female drivers, by concealing the identity of the occupants.

The Kenya Auto Bazaar Association (Kaba) expressed fears that outlawing tints would leave them with extra costs, eating into their profit margins.

“There are huge costs associated with changing windows and windscreens, depending on the model,” said Charles Munyori, the Kaba secretary- general.

The cost concerns come even as legal experts maintained that the directive was not anchored in any law.

Kenya’s Traffic (Amendment) Rules (2009) only prohibit the tinting of public service vehicle windows.

“A person shall not drive or operate a public service vehicle that is fitted with tinted windows or tinted windscreen,” it says.

Mr Mutua argued that the proper interpretation of that law is that since it expressly excludes private motor vehicles no other law may be construed to imply that tinting of private motor vehicle windows is unlawful.

“The manner in which this directive was issued and the manner in which the police have commenced its implementation certainly does not meet the constitutional threshold of professionalism and accountability required of the National Police Service,” Mr Njeru said.

IPOA’s mandate is to conduct impartial and independent investigations, inspections, audits and monitoring of the National Police Service to prevent impunity and enhance professionalism in the interest of the public.