Kimaiyo ban on tinted car windows illegal - LSK
Mr Stephen Okoth removes a car window tint on Oginga Odinga Street in Kisumu Friday. The order by police Inspector General David Kimaiyo against tinted windows on private cars is illegal, the Law Society of Kenya (LSK) has said. .Photo/JACOB OWITI
The order by police Inspector General David Kimaiyo against tinted windows on private cars is illegal, the Law Society of Kenya (LSK) has said.
LSK said Mr Kimaiyo’s "decree and declaration” was unlawful and could not be enforced in any court of law.
It said a proper interpretation of the Rule 54 A(1) of the Traffic (Amendment) 2009 expressly excludes private vehicles, meaning no other law may be construed to imply that tinted windows on private motor vehicle are unlawful.
OFFER TO DEFEND
The organisation offered to defend any person whose private motor vehicle is impounded by the police on account of tinted windows.
“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.” LSK chairman Eric Mutua said.
On Thursday, Mr Kimaiyo insisted that the tinted windows ban applied to all vehicles on Kenyan roads irrespective of ownership. He warned the vehicles would be impounded and their owners prosecuted.
Some police officers have already taken advantage of the directive, harassing and seeking bribes from motorists.
Mr Kimaiyo's directive came in the wake of rising terrorism threats in the country, with police urging extra vigilance by members of the public, ordering screening of passengers on all matatus among other measures.
