Why NTSA, KEBS and Roads Ministry have been sued over re-sale of written-off vehicles

Judge's gavel. [Courtesy]

A lawyer has moved to court seeking regulations on written-off vehicles.

James Nyakwama, before the High Court, argued there is no way of knowing a vehicle on the road was either completely mangled in an accident and refurbished, and an assurance that it is road worthy.

Nyakwama sued the National Transport and Safety Authority (NTSA), the Kenya Bureau of Standards (KEBS), the Competition Authority, the Consumer Federation of Kenya, Ministry of Roads and Transport and Insurance Regulatory Authority.

He said there is no law or process to ensure the written-off vehicles are rebuilt in a quality way before they are taken back to the road. “The petitioner avers that there is a widespread and unchecked practice in Kenya where motor vehicles that have been written off as total losses due to serious accident damage are rebuilt and returned to Kenyan roads without any official inspection, verification, or disclosure,” argued Nyakwama.

He said often times, the vehicles are repaired using counterfeit or substandard spare and resold to unsuspecting customers without disclosing to them the prior status or structural compromise.

Nyakwama further said that one cannot tell if the vehicle was involved in an accident. He told the court that on November 25, 2019, his vehicle was involved in a serious accident and was declared a total loss by the insurance as it could not be repaired.

The lawyer said he was shocked to find that the same vehicle on the road, having been repaired, re-registered and sold to a new owner.

“The same vehicle was subsequently repaired, re-registered, and returned to public roads, which the Petitioner discovered to his shock and distress. The petitioner avers that the Respondents have failed, neglected, or refused to establish and enforce a regulatory framework to ensure that written-off vehicles are properly inspected, branded, and disclosed to the public, thereby exposing the public to grave safety risks,” he argued.

He was of the view that lack of regulation and disclosure has resulted in a proliferation of unsafe vehicles on Kenyan roads, contributing to increased road accidents and fatalities.

“Failure to act has deprived him and other Kenyans of their constitutional rights to personal security, freedom of movement, a safe and healthy environment, access to information, consumer protection, and fair administrative action,” he continued.

Nyakwama argued that un-roadworthy vehicles are often unsafe due to defective parts, poor repairs, or structural damage. When such vehicles are allowed on the roads, he said, without proper inspection or regulation, they pose a serious risk of accidents, injuries, and fatalities.

At the same time, he said new buyers have a right to know the history of a vehicle to make an informed decision whether to buy it or not.

According to him, a write-off vehicle’s logbook should be labelled as a salvage to give a buy a clear information on what he or she is buying.