Kebs to destroy old cars at port despite protests by importers

A regulatory agency has insisted that more than 2,000 vehicles worth Sh4 billion being held at the port of Mombasa for flouting the eight-year age rule should be destroyed.

The Kenya Bureau of Standards (Kebs) reiterated at a parties hearing before Justice Edward Muriithi on Wednesday that it had a statutory mandate not to allow the importation of vehicles older than the stipulated years.

The High Court had earlier stopped the move after the Cars Importers Association of Kenya obtained a stay order, which was served on the Ethics and Anti-Corruption Commission that directed that the cars be destroyed.

DRASTIC OPTION

The association listed Kebs, Industrialisation Cabinet Secretary Adan Mohammed, the Kenya Revenue Authority, Kenya Ports Authority and Kenya Maritime Authority as respondents.

Through lawyer Ashitiva Mandale, Kebs on Thursday said the law also provides a leeway for such vehicles to be reshipped at the cost of the importer.

Asked why the agency had resorted to the drastic option of destroying the vehicles when the law provides for other alternatives, Mr Mandale said: “The remedies are there and it is up to the applicant to move the regulator to exercise other available options.”

He also said the age of vehicles were determined by the month of the year of manufacture.

“A vehicle manufactured in January has a higher value than one manufactured in June. We are a Third World country and there is need to protect Kenyans against dumping,” he said.

Mr Mandale said the law was passed on March 31, 2000 and accused the association of mischief by challenging it 13 years later.

The lawyer also submitted that the court had no jurisdiction to hear the case since it cannot dictate to Kebs how to conduct its statutory functions.

He said the applicant should have petitioned Parliament to amend the law stopping imports of vehicles older than eight years.

The car importers are seeking a judicial review of the decision to order the destruction of vehicles manufactured in 2006 that were shipped to Mombasa.

The importers also sought to quash Kebs’ order for re-inspection of vehicles registered in 2006 and imported between August and December last year.

Mr Mandale, however, said the law states that all imported goods shall be re-inspected at the port of entry if it is deemed necessary.

“Kebs is guided by the law. The issue before you is not that the vehicles are unroadworthy but compliance with the law. They have indicated the number of vehicles, profit they will make but nothing as to quality of the same vehicles,” he added. 

The applicants argued that the cars had already been issued with certificates of roadworthiness valid for 90 days from date of importation.

“The first respondent declared that vehicles that were first registered any time before January 1, 2007 could not be allowed into Kenya from January 2014,” the importers’ lawyer, Mr Gikandi Ngibuini, said.

The hearing continues.