Petitioner sues Kebs over age limit for imported vehicles

Kenya Bureau of Standards offices in Nairobi. [File, Standard]

A petition has been filed in the High Court challenging the constitutionality of a regulation in the Kenya Bureau of Standards (Kebs) Code of Practice that limits the age of imported vehicles to eight years.

The lawsuit, filed at the Milimani High Court by Augustine Wanyoike Ndichu, argues 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 Kenya Bureau of Standards (Kebs) Code of Practice for Imported Vehicles, which is part of KS1515:2000, restricts the importation of vehicles that are older than eight years from the date of manufacture.

However, Ndichu argues 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.

According to Ndichu, 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, arguing 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," he said.

In the petition, Ndichu challenges the lack of scientific data supporting the claim that the age of a vehicle directly affects its environmental impact or safety.

"The regulation is inconsistent, as it permits older vehicles already in the country to remain in use while barring imports based solely on their age," he asserts.

"The age of a vehicle does not inherently determine its emissions or roadworthiness, but rather the vehicle’s maintenance, usage, and the quality of fuel it uses.”

The petitioner further emphasizes that the Kebs regulation violates several constitutional rights, including the right to own property under Article 40, the right to fair administrative actions under Article 47, and the right to access affordable goods and services under Article 46.

Ndichu argues 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 also points out that no global studies or scientific evidence exist to justify the arbitrary age limit. 

He cites the US, Germany, and the UK, where there are no age restrictions for vehicle imports.

Instead, these countries rely on comprehensive inspection systems to ensure that vehicles meet environmental and safety standards. 

"Kenya should adopt a more effective system that focuses on emissions testing and roadworthiness checks rather than an age restriction," he suggests.

The petitioner argues that the regulation has not been subject to adequate public consultation or stakeholder engagement, which is required under the Constitution for policy decisions with significant societal impact.

“The regulation was introduced without sufficient stakeholder engagement, and it does not account for the economic impact on ordinary Kenyans,” Ndichu said.

He wants the court to review the regulation and ensure that future policies prioritise inclusivity, affordability, and environmental sustainability.

Ndichu wants the court to declare the eight-year vehicle age limit unconstitutional, quash Clause 2.5 of the Kebs Code of Practice, and direct the state ageny to adopt a more comprehensive vehicle inspection system that focuses on safety and emissions, regardless of the vehicle’s age. 

He calls for the implementation of periodic emissions testing and safety checks for all imported vehicles.