May 14, 2020 ruling by Justice Weldon Korir dismissing Toyota Kenya's preliminary objection to Cofek case against faulty Hino fleet set the stage for round two battle.
In a case filed by Consumers Federation of Kenya on behalf of its affected members against Toyota Motors Corporation and Toyota Kenya Limited for selling defective Toyota Hino buses in Kenya and the failure to comply with international recall orders, Justice Korir Thursday ruled that Cofek has a prima facie case against Toyota Motors Corporation and Toyota Kenya by dismissing the Preliminary Objection with costs.
Toyota is being represented by Oraro & Company Advocates. Incidentally, Justice Korir used the argument of Mr Oraro against unwarranted preliminary objections in a previous case to make the ruling
Toyota Kenya Limited had argued that the Cofek lacked the capacity to sue and that had not raised a prima facie constitutional law issue.
In a rejoinder, Cofek lawyers led by Mr. Moses Sikuta from the firm of Sikuta & Associates Advocates argued that the preliminary objection application lacked merit, was incurably defective, was a means of delaying justice and should be considered superfluous and as such struck out with costs having failed terribly to meet the threshold of a preliminary objection.
This means that the petition filed by Cofek against Toyota Motors Corporation and Toyota Kenya for selling defective Hino fleet will now proceed to full hearing.
Hino fleet, under Toyota Kenya Ltd, was headed by Mr Gerald Muli as a General Manager before he was demoted and recalled to the head office.