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By Standard Digital Reporter
NAIROBI, KENYA: Lawyers have criticised recent directive by Inspector General of Police David Kimaiyo outlawing use of tinted car vehicles on Kenyan roads.
Trough professional body (LSK) said Kimaiyo has failed to interpret traffic rules on tinted car windows and defend owners of private vehicles impounded.
“The Inspector General of Police is wrong in his interpretation of the Traffic Act Chapter 403 of the Laws of Kenya and the Traffic Rules on tinted car windows. His decree and declaration that all vehicles including private vehicles should not be fitted with tinted windows is unlawful and cannot be enforced in any court of law,” said Eric Mutua, LSK Chairman.
According to LSK, Rule 54 A(1) of the Traffic(Amendment)Rules, 2009 provide as follows:-
“A person shall not drive or operate a public service vehicle that is filled with tinted windows or tinted windscreen”.
It explains that the proper interpretation of the above law is that since it expressly excludes private motor vehicles no other law may be construed to imply that tinted windows on private motor vehicle are unlawful.
“A very dangerous culture is creeping in our institutions where persons holding public office disregard the law and make illegal public pronouncements. This is an affront to the constitution and must be arrested forthwith.”
He added that the Law Society of Kenya offers to defend any person whose private motor vehicle is impounded by the police on account of tinted window.
Police have been ordered to impound all public service vehicles with tinted windows. Police boss David Kimaiyo said the removal of the tinted windows is part of war on terrorism in the country.
There are few public service vehicles that have tinted windows. “All public service vehicles with tinted windows be impounded with immediate effect,” said Kimaiyo in a statement read by his spokeswoman Ziporah Mboroki.
Mboroki told The Standard the order on tinted windows will affect only public service vehicles including taxis.
