Transporters and shippers in Kenya are at loggerheads with the government over the implementation of the East African Community (EAC) Vehicle Load Control Act, 2016.

The crux of the issue lies in the Act's height restriction for vehicles, which has caused disruption for those using the popular 40-foot high cube shipping containers.

The Act dictates a maximum overall height of 4.3 metres for vehicles, with exceptions made only for "abnormal loads" requiring a special permit from the Kenya National Highways Authority (KeNHA). These permits come with stipulations on travel times and routes, aiming to prioritize public safety and protect road infrastructure.

The primary concern for transporters stems from the fact that most 40-foot high cube containers exceed the 4.3-meter limit by a mere 0.2 meters.

While these containers offer additional storage space compared to standard units, they have historically enjoyed some leniency in enforcement.

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However, KeNHA's recent move to strictly adhere to the regulations has caused a stir.

Kenya appears to be taking a more proactive stance in enforcing the regional law compared to its EAC counterparts.

The Act mandates each Partner State to uphold these regulations within their borders.

The Kenya Transporters Association (KTA) has been vocal in its disapproval, urging the government to revisit the height restriction.

Their official notice to transporters advised them to cease loading high cube containers until KeNHA offers an "official resolution."

The KTA further requested a 0.2-meter tolerance level, arguing that the exceeding height poses no threat to roads or infrastructure.

Chairman of the KTA, Newton Wang’oo, emphasized the disparity in enforcement across the region.

"It is only in Kenya that trucks carrying standard 40ft high cube shipping containers are being impounded," he remarked, highlighting the continued use of these containers in neighbouring Tanzania without repercussions.

The Shippers Council of Eastern Africa (SCEA) echoed similar concerns, advocating for stakeholder engagement from KeNHA.

While acknowledging that both trucks and containers meet the necessary standards, the SCEA proposed a height increase to 4.5 meters as a potential solution.

KeNHA, however, maintains its stance of upholding the regional law. A high-ranking official at the authority dismissed claims of vehicle impoundment and emphasized the collective nature of the Act.

"It is the law," they declared, "If there are any changes needed, then the law can be amended when all the EAC Partner States agree."

Amending the Act would require consensus from all EAC member states.