The High Court has stopped the National Transport and Safety Authority (NTSA) from impounding unregistered imported vehicles held by used car dealers and ordered it to issue a fresh 60-day compliance notice.

🇰🇪 Breaking It Down

In the ruling, Justice Jairus Ngaah held that although the law requires all imported vehicles to be registered before they are sold, NTSA's previous seven-day compliance notice was procedurally unfair.

The court therefore barred NTSA from taking enforcement action based on the earlier notice and directed it to issue a fresh notice giving dealers at least 60 days to comply with the regulations.

Justice Ngaah, however, upheld the legality of the requirement for imported vehicles to be registered before sale, stating that the provision is anchored in the Traffic Act.

📌 What You Need to Know

The case arose from an NTSA directive issued in December 2024, ordering all vehicle dealers to register vehicles in their possession by December 16, 2024.

At the time, NTSA said it had established that many dealers were keeping imported vehicles in their showrooms and yards without registration, contrary to the Traffic Act.

"The Authority notes that several motor vehicle dealers are holding unregistered vehicles within their showrooms and yards contrary to the requirements of the Traffic Act, Cap 403," then NTSA Director General said.

"To this end and through this notice, the Authority directs all motor vehicle dealers to complete pending motor vehicle registration applications by Monday, December 16, 2024," he added.

NTSA further warned that dealers who failed to comply with the order would face enforcement action, including the impounding of their vehicles.

"Law enforcement agencies are advised to impound vehicles operating without registration plates, those illegally using Kenya Dealer Plates (KD), and charge the respective dealers and owners," the Authority stated.

📰 Source: Kenyans.co.ke