The suspension offers motorists relief after they expressed concerns over the implementation of the regulations that were to take effect from July 1. [File, Standard]
Car importers and dealers have a grace period of 60 days to register all motor vehicles in their showrooms and yards, or have them seized by the National Transport Safety Authority (NTSA).
This is after Justice Jairus Ngaah stopped NTSA from impounding all the unregistered motor vehicles, saying the agency failed to engage importers and dealers when formulating the registrations.
NTSA issued an impugned notice titled “Public Notice on Unregistered Vehicles by Motor Vehicle Dealers” that required all car dealers and importers to comply by December 16, 2024.
However, the importers' lobby - the Car Importers Association of Kenya (CIAK) - filed a petition in court objecting to NTSA's enforcement of the said notice, saying the agency did not adequately engage them on the matter.
“An order is hereby issued restraining the NTSA from impounding any motor vehicle held by a member of the Petitioner (CIAK) or from preferring any criminal charge against any such member, on the sole ground of non-compliance with the compliance deadline set out in the impugned notice, unless and until the Respondent has accorded the Petitioner and its affected members a further period of not less than sixty (60) days from the date of this judgement, together with reasonable prior notice of that period, within which to complete registration of the affected vehicles,” said Justice Ngaah.
The judge said the manner and timeline of the intended enforcement of the impugned notice did not meet the requirements of fair administrative action under Article 47 of the Constitution and section 4(3) of the Fair Administrative Action Act, 2015.