Dealing With a Traffic Offence in Kenya: Important Rights to Know as a Driver

As a driver on Kenyan roads, you are expected to comply with the Traffic Act and other relevant laws in Kenya.  

The law has stipulated how drivers should conduct themselves on the road. It helps to know your rights as a driver in the event that you are caught in a traffic offence

Major Traffic Offences in Kenya

Overspeeding 

There is a limit to how fast vehicles can go in the Traffic Act for safety reasons. 

A vehicle's safe speed is determined by the type of vehicle and the environment through which it is moving. A tuktuk in Kenya has a speed limit of 70 km/hr, while a matatu has a speed limit of 80km/hr. 

When travelling to a trading centre, municipality or town, the speed limit is set at 50km/h for all vehicles On the other hand, while using the major highways, such as the Thika super highway, personal vehicles can travel as fast as 110km/h. Matatus, however, are still expected to maintain 80km/hr even on the  highway.

If found over speeding, you get a fine not exceeding Ksh100,000, depending on how much above the speed limit you were driving.

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Driving Under the Influence

It is illegal to drive on Kenyan roads while intoxicated. 

For alcohol, a driver should not be driving if their intoxication levels are above 0.35 micrograms. This is what the Alcoblow test determines. 

If found to defy this law, you are subject to a fine not exceeding Ksh100,000 or a prison term not exceeding 2 years.

Driving on Pavement, Pedestrian Walkways, Etc.

When caught in traffic, it can be tempting to overlap and find ways to manoeuvre through the traffic. However, doing so is frowned upon by the law. Overlapping can be dangerous to other road users, especially when overlapping on pavements and pedestrian walkways.

As a driver, being caught driving on pavements and pedestrian walkways exposes you to a prison term not exceeding 3 months or a fine not exceeding Ksh30,000

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Causing Death by Driving or Obstruction

On average, Kenya experiences over 4,000 fatalities every year as a result of road accidents. Most of these deaths are attributed to driver error.

Causing death either by driving or by obstruction on Kenyan roads attracts a prison term not exceeding 10 years and can also lead to a driver's licence being revoked and the driver being banned from ever taking another driving licence.

Reckless Driving

Reckless driving is when a driver is found to be driving above the speed limit or in a manner that shows they are not paying attention to their surroundings, such as racing on highways, speeding in slow-moving traffic,and disregarding pedestrians.

Driving recklessly in Kenya can lead to a fine of up to Ksh100,000 and or an imprisonment term of up to 2 years.

Rights of a Driver

As a driver, you have specific rights and protections if you are going to be prosecuted for a traffic offence. Here are the key points you should know:

1. Warning: At the time the offence was committed, you must have been warned that you might be prosecuted for it.
2. Summons: Within fourteen days of the offence, you must receive a summons (an official notice) for the offence.
3. Notice of Intended Prosecution: Within fourteen days, you must receive a notice, either in person or by registered mail, explaining the offence and stating when and where it happened.

In addition to these conditions, there are further protections for drivers:

• No Detention for Minor Offences: You cannot be held by the police for offences punishable only by a fine or by imprisonment of six months and below. 
• Time to Pay Fines or Bail: If you are accused in a traffic case, you will not be locked up without first being given time, place, and adequate facilities to pay fines or bail.
• Open Court Processing: Traffic courts will process the payment of traffic fines in open court.
• Fast-Tracked Release: If you are a traffic offender, you should be released on reasonable bail or bond conditions quickly while awaiting charge or trial.
• Court Summons or NTAC: If suspected of an offence, you will be issued a Court Summons or a Notification to Attend Court (NTAC) within seven days. This notice will clearly indicate the charges, the court, and the time you need to appear.
• Court Attendance: You must attend court on the date and time indicated in the NTAC to take your plea.
• Bail Availability: Before taking your plea, the magistrate will ensure that any cash bail collected by the police is available in court.
• Payment of Fines: If you choose to plead guilty in writing upon receiving the NTAC, you must pay the maximum amount for the offences cited.
• Committal Warrant: A warrant for prison custody will only be issued if you cannot pay the fine or cash bail after being given a reasonable amount of time and facilities.
• Forfeiture and Arrest Warrant: If you do not attend court, your cash bail will be forfeited, and a Warrant of Arrest will be issued.

These rights ensure that you are treated fairly and given ample opportunity to respond to any charges against you. 

Note: These provisions do not work if your traffic offence has resulted in death.

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Penalties for Common Traffic Offences

The following are the penalties for the common traffic offences committed by Kenyan drivers.

1. Driving a vehicle on a footpath, pavement or a pedestrian walkway - Fine: Ksh5,000
2. Not stopping when required to do so by a police officer in uniform - Fine: Ksh5,000
3. Ignoring traffic signs or directions given by a police officer in uniform - Fine: Ksh3,000
4. Speeding 1-5 kph over the limit - Fine: Ksh500
5. Speeding 6-10 kph over the limit - Fine: Ksh3,000
6. Speeding 11-15 kph over the limit - Fine: Ksh6,000
7. Speeding 16-20 kph over the limit - Fine: Ksh10,000
8. Not carrying or showing a driver's licence when asked - Fine: Ksh1,000
9. Not wearing a seat belt while the car is moving - Fine: Ksh500
10. Driving a vehicle without a valid inspection certificate - Fine: Ksh10,000
11. Not having warning signs (lifesavers) in the vehicle - Fine: Ksh2,000

Wrapping Up

Safety on the road is paramount. As a driver and road user, the responsibility to uphold safety lies with you. As much as the law has outlined the expected conduct and consequent repercussions of not adhering to the outlined conduct, it is essential that, as a driver, you take your responsibility on the road seriously, since it can be a matter of life and death.

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