BY SAM ALFAN.
High Court blocks seizure or sale of Toyota Hino trucks pending hearing and determination of the case filed by several motorists.
Justice Francis Tuiyot issued the order against the company on Friday morning.
Motorists sued Toyota Kenya over HINO FC500 model vehicles saying that they are unfit for sale in the Kenyan automotive industry.
They argue that HINO FC 500 model truck and PSV busses have developed fatal engine and overheating problems, brake systems failures, and chasis cracking during the subsistence of the respective warranties that rendered them unfit for the purpose.
“under Article 46, every consumer has a right that’s protected under the law. You cannot sell a product to a consumer and escape liability” said lawyer Kinyanjui.
Through lawyer Harrison Kinyanjui, the plaintiff claim that they have exhausted all avenues of resolving these paten manufacturing problems and the defendants have failed to respond to their plight.
“The management of Hino Ltd and Toyota Kenya was all along aware that the HINO FC500 model was and is unsuitable and unfit for the PSV purpose, “argues Kinyanjui.
They claim that no brand new vehicles develop such a multiplicity of problems resulting in total grounding even lack of spare parts replacement without a manufactures defect.
“As a brand new HINO FC500 model truck and PSV busses they could not have developed such engine failure, overheating problems and break failure during the subsistence of the warranty, “reads court documents.
Toyota Kenya Limited, Nairobi Hino, Tsusho Capital Kenya Ltd and Kenya Bureau of Standards have been named in the case.
The matter is fixed for hearing on June 14.