Nondoh
JF-Expert Member
- Aug 26, 2016
- 298
- 478
NAIROBI, Kenya, May 20 – The High Court on Tuesday ruled that Inspector General of Police David Kimaiyo’s directive that vehicles with tinted windows be impounded only applies to Public Service Vehicles (PSVs) and not private cars, pending the determination of a suit filed by motorist Akitch Okola.
Justice George Odunga found that Kimaiyo did not hold the powers to make such a blanket directive and directed that his orders be limited to PSVs.
“The directive is well intended but his powers are limited. The court is therefore compelled to grant the orders sought by the petitioner pending hearing and determination of the case,” Odunga ruled.
Okola who appeared before Odunga under a certificate of urgency wants the constitutional court to make the confines of the relevant legal provision abundantly clear and argued that the right of motorists to privacy would be infringed should the court fail to suspend Kimaiyo’s directive.
Justice George Odunga found that Kimaiyo did not hold the powers to make such a blanket directive and directed that his orders be limited to PSVs.
“The directive is well intended but his powers are limited. The court is therefore compelled to grant the orders sought by the petitioner pending hearing and determination of the case,” Odunga ruled.
Okola who appeared before Odunga under a certificate of urgency wants the constitutional court to make the confines of the relevant legal provision abundantly clear and argued that the right of motorists to privacy would be infringed should the court fail to suspend Kimaiyo’s directive.
