Businessman petitions court to abolish eight-year limit on car imports
By Joseph Ndunda |
He also asserts that the regulation is inconsistently applied and ineffective in achieving its stated objectives of environmental protection and road safety.
A Nairobi businessman has petitioned the High Court to lift the age limit of eight years for cars imported into Kenya by the Kenya Bureau of Standards (KeBS).
Augustine Wanyoike Ndichu argues that the regulation, contained in Clause 1515:2000 of the KeBS Code of Practice, which specifies the age of used motor vehicles permitted for importation into Kenya, is unconstitutional.
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Ndichu claims that the continued enforcement of this regulation violates constitutional rights as it discriminates against economically disadvantaged citizens, restricts consumer choice, and deprives many Kenyans of entrepreneurial opportunities.
KeBS established the regulation to prevent environmental damage caused by emissions. However, Ndichu contends that the rule is arbitrary as it lacks empirical evidence linking a vehicle's age to its emission levels or roadworthiness.
He also asserts that the regulation is inconsistently applied and ineffective in achieving its stated objectives of environmental protection and road safety.
For example, Ndichu questions why KeBS prohibits individuals from importing cars older than eight years, yet vehicles over 30 years old are still in use on Kenyan roads.
“One can own and use a vehicle in Kenya for as much as 80 years. This highlights the contradiction of allowing older vehicles to operate while barring the import of similar cars that are environmentally compliant, solely based on age. This inconsistency undermines the rationale for emissions control and the enforcement of the eight-year age limit,” says Ndichu.
He adds that the continued application of this standard has led to violations of the rights to own property, mobility, and economic freedom, particularly for low-income individuals who depend on affordable vehicles for their livelihood and social empowerment.
Ndichu argues that the eight-year cap imposed by KeBS is arbitrary and unreasonable, as no global studies scientifically or otherwise support the notion that a vehicle's age determines its emission levels, environmental safety, or roadworthiness.
The businessman maintains that emissions and roadworthiness are influenced by factors such as maintenance, usage, and fuel quality, which can be regulated independently of the vehicle’s age.
He emphasises that a well-maintained older vehicle could meet all safety and emissions standards, whereas a newer, poorly maintained vehicle might not.
Ndichu cites examples of other countries that allow the importation of much older cars, such as the United States, where vehicles as old as 25 years can be imported.
In these countries, state Environmental Protection Agencies strictly enforce compliance with emissions and safety standards. He also highlights France, Germany, and the United Kingdom, which do not restrict the importation of vehicles based on age, instead using technology to ensure roadworthiness and safety compliance.
Other countries with no age limit for imported cars mentioned in Ndichu’s petition include Tanzania, Rwanda, and Zambia.
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