A private vehicles with tinted windows.
By SAM ALFAN,
High court judge George Odunga has stayed the implementation of a directive of Inspector General of police David Kimaiyo that all vehicles with tinted windows be impounded.
However the orders only affect personal vehicles and do not include Public service vehicles and this means that it is unlawful to have public transport vehicles with tinted windows as per the traffic laws.
Motorist Akitch Akola filed a case against the Inspector general of police David Kimaiyo directive.The IG directed that all vehicles with tinted windows be impounded with immediate effect which Akola terms as unlawful.
Through his lawyer he argued that the directive is based on fundamental error of law by presuming that Kimaiyo has powers to amend a subsidiary legislation.
According to the petitioner it is only the cabinet secretary for Transport who can make such directives. Justice Odunga certified the matter as urgent and directed that the petition be served within three days to the respondents.
The court also restrained the police from arresting motorists of private vehicles with tinted windows.
The government ordered immediate impounding of all vehicles with tinted windows as it steps up its effort in fighting terrorism in the country.
According to IG Kimaiyo, no vehicle with such windows will be allowed to operate on Kenyan roads as police move in to curb terror attacks and general crime that has led to loss of lives.
Kimaiyo also called on public service vehicle crews to be extra vigilant Kimaiyo directives were not welcomed well by some of Kenyans. The parties were directed to appear in court on 29 of May