LSK Eric Mutua indicated that the order is illegal and cannot be enforced in any court of law since the only vehicles affected are Public Service Vehicles and taxis/FILE

The Law Society of Kenya has now offered to defend anyone whose private motor vehicle is impounded by the police on account of tinted windows, terming the directive as unlawful.

In a statement, the society’s chairman Eric Mutua indicated that the order is illegal and cannot be enforced in any court of law since the only vehicles affected are Public Service Vehicles and taxis.

“The Inspector General of Police is wrong in his interpretation of the Traffic Act Chapter 403 of the Laws of Kenya and the Traffic Rules on tinted car windows. His decree and declaration that all vehicles including private vehicles should not be fitted with tinted windows is unlawful and cannot be enforced in any court of law,” he stated.

He stated that a dangerous culture is creeping in Kenya’s 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.”

There has been confusion countrywide as police arrested several motorists in private cars over tinted windows.

Police officers took advantage of the situation to flag down motorists even on the Nairobi-Narok highway, on grounds that they were enforcing the ‘order’ by Kimaiyo.

In Nairobi, there were reports of motorists stopped and harassed by traffic police officers on Ngong Road, Mombasa Road and sections of Thika Road.

On Tuesday, the matter elicited sharp criticism after Administration Police spokesman Masoud Mwinyi said the order also includes private cars and they should be impounded.

The order was part of other measures taken by the Inspector General to contain terror attacks across the country.

Kimaiyo said this will be part of other measures being adopted after the recent twin blasts in Mombasa and Nairobi that targeted at Public Service Vehicles.

The Traffic Act Cap 403 section 54 states that a person shall not drive or operate a Public Service Vehicle that is fitted with tinted windows or tinted windscreen.

It also states that the windows should not have any form of shade, colour or should not be treated in a similar manner so that the persons or objects inside are not be seen clearly from outside.

Section 30 of the same law states that the windscreen and windows of every motor vehicle shall be kept free from the application of any material which has, or is capable of having, reflective properties.

- Source: http://www.capitalfm.co.ke