Firms barred from joining ‘defective’ Hino vehicles suit

Workers assemble a Hino bus at a Mombasa plant. FILE PHOTO | NMG

What you need to know:

  • High Court Judge Francis Tuiyott ruled that they cannot take shelter by disguising the case to be a class action or a representative suit as the case that was initially filed did not belong to either.

Seven companies and individuals have lost their bid to be enjoined in a case brought against Toyota Kenya for allegedly selling defective vehicles.

They had sought to be allowed to join other individuals and companies which initially filed a case against Kenya Bureau of Standards, Toyota and its sister companies alleging that the HINO FC500 model has defects.

The alleged mechanical problems relate to the engine and braking system. The barred applicants include Matunda (Fruits) Bus Co Ltd, Brainstorm International Ltd, Wainaina Ng’ang’a Gakuo and Kelon Enterprises.

High Court Judge Francis Tuiyott ruled that they cannot take shelter by disguising the case to be a class action or a representative suit as the case that was initially filed did not belong to either.

“The suit as commenced … cannot be changed merely for purposes of accommodating other parties who cannot fit within the structures of the applicable rules,” justice Tuiyott said.

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