A recent directive by the Kenya Bureau of Standards (KEBS), which limits the age of imported vehicles, has been challenged in court.
The regulation, outlined in Clause 2.5 of the KEBS Code of Practice for Imported Vehicles, is part of KS1515:2000 and prohibits the importation of vehicles older than eight years from the date of manufacture.
Augustine Wanyoike Ndichu has filed a lawsuit at the Milimani High Court against KEBS and the Ministry of Trade, arguing that the regulation is unconstitutional and discriminatory. Wanyoike claims that the rule unfairly limits access to affordable, second-hand vehicles, which are an essential means of transportation and economic empowerment for many Kenyans.
“The regulation unfairly restricts consumer choice and deprives many citizens of the opportunity to own vehicles for personal and business use,” Wanyoike said. “It disproportionately affects economically disadvantaged Kenyans who rely on affordable, imported vehicles to meet their transportation needs.”
He argues that the rule is inconsistent and unjust, pointing out that older vehicles already on Kenyan roads are allowed to operate without the same age restrictions.
“This contradiction undermines the purpose of the regulation and violates the rights of citizens to own property and access affordable transportation,” the petitioner states. “Older vehicles already on the roads should not be subject to different standards than imported ones solely based on their age.”
‘Regulation Lacks Empirical Evidence’
Wanyoike also challenges the lack of empirical evidence to support the claim that a vehicle’s age directly affects its emissions or roadworthiness. He emphasizes that other factors, such as the vehicle’s maintenance, usage, and the quality of fuel it uses, play a more significant role in determining its environmental impact and safety.
The petitioner argues that the regulation does not take into account the actual condition of the vehicles. He contends that the age of a vehicle alone is not a valid indicator of its environmental impact or safety.
“A well-maintained older vehicle can be just as safe and environmentally friendly as a newer, poorly maintained one,” he said.
The petitioner further claims that the regulation has not undergone adequate public consultation or stakeholder engagement, a requirement under the Constitution for policy decisions with significant societal impact. He points out that the regulation was introduced without sufficient consultation with the public or key stakeholders, and it does not consider the economic impact on ordinary Kenyans.
“The regulation was introduced without proper stakeholder engagement, and it fails to account for the economic realities faced by many Kenyans,” Ndichu stated.
The petitioner is asking the court to review the regulation and ensure that future policies prioritize inclusivity, affordability, and environmental sustainability.
He is calling for the court to declare the eight-year vehicle age limit unconstitutional, quash Clause 2.5 of the KEBS Code of Practice, and direct KEBS to adopt a more comprehensive vehicle inspection system that focuses on safety and emissions, regardless of the vehicle’s age.
Additionally, he advocates for the implementation of periodic emissions testing and safety checks for all imported vehicles to ensure that they meet environmental and safety standards.
