LSK offers to defend public over illegal tint order

The Law Society of Kenya (LSK) has said that the order by the Inspector Genral of Police David Kimaiyo against tinted windows is illegal since it could not be enforced in any court of law.

The society also clarified that a proper interpretation of the Rule 54 A(1) of the Traffic (Amendment) 2009 expressly excludes private vehicles, hence no other law may be cobbled up to imply that tinted windows on private motor vehicles were unlawful.

The society has offered to defend those whose cars may get impounded by the police on account of the illegal order.

“A very dangerous culture is creeping in our institutions where persons holding public office disregard the law and make illegal public pronouncements. This is an affront to the constitution and must be arrested forthwith.” LSK chairman Eric Mutua said.

On Thursday, Mr Kimaiyo insisted that the tinted windows ban applied to all vehicles on Kenyan roads irrespective of ownership. He warned the vehicles would be impounded and their owners prosecuted.

Some police officers have already taken advantage of the directive, harassing and seeking bribes from motorists.

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