Unregistered Imported motor-vehicles at a yard in Mombasa County, among many that NTSA seeks to impound for lack of registration of number plates. [Joackim Bwana, Standard]
Car Importers and Dealers have a grace window period of 60 days to register all motor-vehicles sitting in their showrooms and yards before the National Transport and Safety Authority (NTSA) begins an impounding exercise.
Justice Jairus Ngaah stopped NTSA's intention to impound all the unregistered motor vehicles over a failure to engage the importers and dealers when they formulated the registration laws.
NTSA issued an impugned notice titled “Public Notice on Unregistered Vehicles by Motor Vehicle Dealers” that require3d all car dealers and importers to comply by December 16 2024.
The Car Importers Association of Kenya (CIAK) filed a petition objecting to NTSA's enforcement of the said notice.
“An order is hereby issued restraining the Respondent 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 judgment, together with reasonable prior notice of that period, within which to complete registration of the affected vehicles,” said Justice Ngaah.
The judge said that 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.
Justice Ngaah also faulted NTSA for failing to respond to the Association’s memorandum dated December 10 2024.