Kenya Vehicle Importers Win Case Against Vehicle Crushing

Vehicle importers won the first round in a suit challenging the crushing of vehicles that are over eight years old since the date of their manufacture. This was after the High Court in Mombasa issued an order restraining the Kenya Revenue Authority and Kenya Bureau of Standards from crushing, destroying or damaging the motor vehicles listed in a schedule and other import documents presented in court.

Vehicle importers won the first round in a suit challenging the crushing of vehicles that are over eight years old since the date of their manufacture. This was after the High Court in Mombasa issued an order restraining the Kenya Revenue Authority and Kenya Bureau of Standards from crushing, destroying or damaging the motor vehicles listed in a schedule and other import documents presented in court.
The case filed by the association through its national chairman Peter Mambembe sought to have a declaration that all persons in Kenya and those proposing to have any dealings are under no obligation to pay any royalty to any person or body to read or learn of Kenyan law or Kenyan standards.
The importers, who have around 108 vehicles being held at two Container Freight Stations, Interpec CFS and Boss Freight CFS, say Kenya has no law prohibiting the importation of vehicles older than eight years and that the threat to crush the vehicles, if carried out, could constitute malicious damage to private property thus they want to be compensated.
Two week ago , they sought orders that the storage charges by the two CFS and custom warehouse rent charges on the vehicles, as a result of the "refusal" to release the vehicles on the basis of the alleged eight-year rule accruing, should be paid by KRA and KEBS. "We are seeking a mandatory injunction compelling the respondents jointly and severally to release or order the release of the vehicles, subject only to the verification of payment of duties, Value Added Tax, registration charges, port charges, storage charges by them," said Mambembe through his lawyer from Kinyua Muyaa and company advocates.
The importers want responsible authorities to register the vehicles subject only to payment of registration charges, application for registration if any and subject to recovery of duties and VAT that was payable up to the time the entries were made. They informed the court that they also want damages to be calculated on the basis of the profit and interest that would have been made, had the vehicles been released when duties and VAT paid and entries passed on the 108 vehicles.
Some of the importers listed in the case are Muhammad Jamshed Moughal, Al Hyder Trading Company, Azuri Trading, Great Windy Trading, Kadir Impex and Odhaya Trading company, who argue that there is no law prohibiting the importation of such vehicles or permitting KRA and KEBS to crush the same.