The High Court has declined to suspend the Kenya Bureau of Standards (Kebs) law that restricts the age of imported vehicles to a maximum of eight years.
Justice Bahati Mwamuye declined a request by petitioner Augustine Wanyoike Ndichu to temporarily suspend the regulation in the Kebs Code of Practice that enforces an eight-year age limit on imported vehicles, pending the hearing of the case challenging its constitutionality.
In his brief ruling, the Judge instead ordered Ndichu to serve Kebs and the Ministry of Trade by close of business on December 18, 2024.
The judge also directed Kebs and the Ministry of Trade to file their responses by January 10, 2025.
"Mention on March 10, 2024, to confirm compliance and to take directions to the hearing of the application and the petition, or both before Justice Lawrence Mugambi," Justice Mwamuye directed.
The lawsuit, filed at the Milimani High Court by Ndichu sought for interim orders arguing that the regulation is arbitrary, discriminatory, and lacks empirical evidence linking a vehicle’s age to its emissions or roadworthiness.
The regulation, outlined in Clause 2.5 of the Kebs Code of Practice for Imported Vehicles, which is part of KS 1515:2000, restricts the importation of vehicles that are older than eight years from the date of manufacture.
However, Ndichu argued that the rule is inconsistent and unjust, pointing out that older vehicles already on Kenyan roads are allowed to operate without the same restrictions.
“This contradiction undermines the purpose of the regulation and violates the rights of citizens to own property and access affordable transportation,” Ndichu stated.
He said that the regulation fails to consider the actual condition of vehicles.
“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.
Ndichu has sued KEBS and the Ministry of Trade, contending that the rule unfairly discriminates against economically disadvantaged Kenyans by limiting their access to affordable, second-hand vehicles, which could otherwise serve as an essential means of transportation and a source of economic empowerment.
"The regulation unfairly restricts consumer choice and deprives many citizens of the opportunity to own vehicles for personal and business use," said Ndichu.
Ndichu argued that the continued enforcement of the eight-year age limit restricts consumer choice, deprives citizens of their economic rights, and prevents entrepreneurial opportunities, particularly for lower-income individuals.
"The 8-year age restriction is unconstitutional as it discriminates against low-income citizens and denies them the right to own and use property freely," he stated.
The petitioner said that the regulation has not been subjected to adequate public consultation or stakeholder engagement, which is required under the Constitution for policy decisions with significant societal impacts.
“The regulation was introduced without sufficient stakeholder engagement, and it does not account for the economic impact on ordinary Kenyans,” Ndichu said.
Ndichu wants the court to review the regulation and ensure that future policies prioritize inclusivity, affordability, and environmental sustainability.
He wants 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.
Ndichu also called for the implementation of periodic emissions testing and safety checks for all imported vehicles.
