Police Powers Under the Traffic Act

The Traffic Act was among 16 laws amended after President William Ruto enacted the State Law (Miscellaneous) Amendments) Bill of 2024. 

The amendments made a number of changes to the Traffic Act that will now allow police officers to use mobile and digital technology in the fining of minor traffic officers. 

For instance, minor traffic offenders can now be summoned to court through notifications sent through mobile or electronic technology. 

If one is served with a summon for appearance in court and fails to do so, the new law raises the fine from a maximum of Ksh200 - to ten times the maximum fine imposed on the offence. 

“If any person having been served with a notification issued under this section fails either to attend the court on the day and at the time specified in such notice or to plead guilty and pay the statutory maximum penalty in the manner indicated before such day, he may be brought before the court either by summons or by warrant and, unless he shows good cause to the contrary, shall be guilty of an offence and liable forthwith by order of the court. 

On first conviction, to a fine of an amount equivalent to ten times the maximum statutory penalty for the offence to which the notification relates and an amount equivalent to twenty times the penalty for a second or subsequent conviction provided that where a notification relates to two or more offences, the fine under this subsection shall be based on the offence  with the highest penalty under the notification,” the new law reads after amendment. 

Another amendment raises the fine for persons who find a defaced or ineligible police notification of a traffic offense affixed to the car, and fail to report to a police station within two days. The fine for this offence was increased from a maximum of Ksh100 to a maximum of Ksh100,000. 

Any owner or person in charge of a vehicle who finds affixed thereto a police notification of a traffic offence which appears to have been torn or defaced so that it is not fully legible shall within two days report, either in writing or personally, to the police station of the area in which the notification was found, and if he fails so to report he shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings.

Other important provisions in the Traffic Act (as it exists) 

Entering a Motorist’s vehicle

The law gives any police officer, inspector, or licensing officer to enter a vehicle and order it to be driven - if there is suspicion that the vehicle is in breach of any traffic law.

“It shall be lawful for any police officer in uniform to stop any vehicle, and for any police officer, licensing officer or inspector— (a) to enter any vehicle; (b) to drive any vehicle or cause any vehicle to be driven; (c) upon reasonable suspicion of any offence under this Act, to order and require the owner of any vehicle to bring the vehicle to him for the purpose of carrying out any examination and test of the vehicle with a view to ascertaining whether the provisions of this Act are being complied with or with a view to ascertaining whether the vehicle is being used in contravention of this Act,” section 105 reads. 

Confiscation of License and Vehicle Plates

Police officers have the right to prohibit the use of any vehicle being driven in contravention of the traffic act. Further, after making the prohibition, an officer has the power to go further and confiscate the driver’s license or remove the vehicle number plates. 

“Where a police officer, licensing officer or inspector makes an order under subsection (4) he may remove the vehicle identification plates and the vehicle licence and, if he does so, shall deliver them to the Authority to be kept while that order remains in force.”

Production of driving licence on demand

This provision is contained in section 36 in Cap 403, and requires all motorists to carry with them their driving licence and produce it on demand to a police officer. 

“Any person driving a motor vehicle on a road shall carry his driving licence or provisional licence, and, on being so required by a police officer, produce it for examination.”

The law further states that the licence has to provide evidence that the driver is duly licensed in line with the vehicle classification attached to their licence or provisional document. 

“Any person who contravenes or fails to comply with this section shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings.”

Limitations for Drivers of PSVs and Commercial vehicles

Drivers of Public Service Vehicles (PSVs), which includes matatus and taxi, are banned for driving more than 8 hours in a day. This provision also applies to drivers of commercial vehicles. 

“No person shall drive a public service vehicle or a commercial vehicle for more than a total of eight hours in any period of twenty-four hours…) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and liable— (a) on a first conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding twelve months,” section 66A reads in part. 

Excess Passengers

An interesting provision in the Traffic Act is that being an excess passenger is not against the law. The law specifies that when a police officer encounters a vehicle carrying excess its capacity, the officer will order the removal of the excess goods or for the excess passengers to disembark.

The owner, the driver, and conductor of the vehicle will be liable - not the passenger. However, when a passenger refuses to disembark, then they are deemed to have broken the law.

"If any public service vehicle carries more persons, baggage or goods than it is licensed to carry, the driver, the conductor and the owner of such vehicle commits an offence each and shall be liable, upon conviction, to a fine not exceeding twenty thousand shillings and an additional amount of five thousand shillings for each person in excess of the licensed capacity

If, in the opinion of a police officer in uniform, subsection (2) is being contravened, he may order—

(a) any person who appears to him to be an excess passenger off the public service vehicle; or

(b) the driver, conductor or owner of the public service vehicle to remove any excess baggage or goods.

(2C) If a person refuses or delays or fails to comply with an order by a police officer in uniform under subsection (2B), he shall be guilty of an offence and liable, whether or, not he is in addition liable to any penalty for contravening subsection (2) or (3), to a fine not exceeding five hundred shillings or to imprisonment for a term not exceeding one month.