A dispute is emerging between transporters, shippers, and the government over the enforcement of the EAC Vehicle Load Act, specifically concerning the height limitations for vehicles. The Kenyan government, through the Kenya National Highways Authority (KeNHA), has been actively implementing the East African Community Vehicle Load Control Act, 2016, designed for the entire region. The Act stipulates a maximum overall height of 4.3 meters for vehicles unless it is an abnormal load, subject to an exemption permit granted by the authority, which outlines conditions for travel times and routes to ensure public safety and protect road-related infrastructure.
Despite the regulations, heavy commercial vehicles transporting containers have frequently violated the height restrictions, particularly with the prevalent use of 40-foot high cube shipping containers that exceed the allowed limit. The 40-foot high cube containers provide more space for stacking goods compared to standard shipping units. While authorities had initially permitted the use of high cube containers, KeNHA is now leading the enforcement of the law in Kenya, seeking to reduce damage to roads and enhance compliance with regional regulations.
Transporters and shipping lines are expressing concerns over this decision, urging the government to allow the continued use of high cube units. The Kenya Transporters Association (KTA) has issued a notice instructing transporters to halt loading 40-foot high cube shipping containers until KeNHA officially resolves the matter. KTA also calls on importers to cease using high cube containers in Kenya and transiting through the country. Transporters are seeking a 0.2-meter tolerance to accommodate these containers, arguing that this slight height difference has no adverse impact on roads or related infrastructure.
The Shippers Council of Eastern Africa (SCEA) has joined the conversation, urging KeNHA to engage stakeholders and consider adjusting the height limit to 4.5 meters from the current 4.3 meters. SCEA emphasizes the need for open discussions to find a resolution, suggesting a temporary halt to arrests while a consensus is reached. KeNHA, however, insists it is implementing a regional law and dismisses claims of impounding vehicles, stating that any changes to the law should be collectively agreed upon by all East African Community (EAC) partner states.
