High Court blocks arrest of motorists over window tints

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

Mr Justice George Odunga said the directive by the Inspector General of Police, David Kimaiyo, only targets Public Service Vehicles.

The judge issued the order following a case filed by motorist, Akitch Okola, over the directive to impound all vehicles with tinted windows with immediate effect.

Mr Okola, through lawyer Stephen Ligunya, has sued the police boss over his directive.

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

“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 Mr Justice Odunga.

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

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 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 said 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 Kimaiyio’s functions, it does not include amending subsidiary legislation,” said Mr Ligunya in court documents.

He said only the Transport Cabinet Secretary is allowed to issue such a directive and that Mr Kimaiyo 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.