Petitioner sue Trade Ministry, seek abolishment of more than 7 years’ car importation age limit law

A petitioner has filed a petition in Milimani High Court seeking the barring off of the eight-year age limit rule on imported vehicles to Kenya.

In a petition filed in court, Augustine Wanyoike Ndichu, an accountant by profession argue in his submissions that the regulations are arbitrary and lacks empirical evidence linking a vehicle’s age to its emission levels or roadworthiness.

The petition was filed against Ministry of Trade, Investment and Trade and Kenya Bureau of Standards where they published, gazetted and implemented KS 1515/2000 code of practice for imported vehicles that regulates the inspection and certification of road vehicles where clause 2.5 of the code limits the age of imported vehicles to eight years from the year of manufacture.

The petitioner argues that the regulation capping the age limit as currently constituted and implemented is inconsistent and discriminatory since it creates unequal application to only vehicles being imported to the country.

He further argued that the rule creates unequal standards permitting already old vehicles in the country to operate while prohibiting new imports solely based on the age factor.

“One can own and use a vehicle in Kenya for as much as eight years and this affirms the contradiction in allowing older vehicles to operate while barring similar imports that are environmentally compliant solely because of age.” Ndichu’s application read in part.

He claims that this inconsistency undermines the rationale behind emissions control and management used in introducing and enforcing the more than seven years’ age limit.

The continued enforcement of this standard has resulted in violations of rights to own property mobility and economic freedom, particularly to lower income individuals who would rely on affordable vehicles for their economic and social empowerment.

The restrictions of the vehicles that are more than eight years old by KEBS is arbitrary and unreasonable since no studies in the world scientifically or otherwise support an argument that the age of a vehicle is a determinant of its emissions level and environmental safety or physical roadworthiness.

He avers that emissions levels and roadworthiness are influenced by the maintenance, usage and the fuels quality which can be regulated independently from the vehicle’s age.

“A well maintained older vehicle could meet all safety and emissions standards than a newer vehicle that is poorly maintained.” He stated.

In Kenya one can own and use a vehicle for as much as eight years and this contradiction in allowing older vehicles to operate while barring similar imports.

According to the petitioner, the United States of America’s government allows the importation of cars 25 years or older without restrictions.

Individual states Environment Protection Agency (EPA) departments strictly ensure that the imported vehicles comply with safety and emission standards.

He referred to a German state and indicate that there is no age limit of the imported vehicles, instead they use a comprehensive vehicle inspection system to ensure roadworthiness and emission compliance.

He tells the court that lifting of the ban of the age limit of vehicles imported will result in an increased number of vehicles imported due to affordability hence greatly affecting Kenyans especially the youths with employment in various sectors like car imports and sales, mechanics, auto repair and part shops.

The petitioner’s plea before the court is to declare the eight-years old vehicles importation as unconstitutional as it violates the constitution.

Further he urges the court to give orders to the respondents of issuing regulatory measures to adhere and enhance appropriate and comprehensive testing to ensure emissions levels, safety and roadworthiness of the imported vehicles standards are met regardless of the age of the vehicle.