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Lands Cabinet Secretary Alice Wahome will be empowered to revoke exemptions granted to Kenyans for the payment of the 1.5 per cent Housing Levy, as outlined in the draft Affordable Housing Levy Regulations 2024.

Under the proposed regulations, the CS will have the authority to revoke exemptions under three specific circumstances. One of the primary reasons for revoking exemptions is if individuals obtain them fraudulently.

Furthermore, individuals who provide false information when applying for exemptions under the Housing Levy scheme will also face the revocation of their exemption status.

Thirdly, should the CS be informed that the exempted Kenyan does not meet the requirements outlined in law, the benefit will be revoked.

President William Ruto laying a stone at an affordable housing project in Laikipia, April 13.

PCS

"The Cabinet Secretary may, in writing, make a recommendation to the Cabinet Secretary responsible for the National Treasury for the revocation of an exemption granted in accordance with section 6 of the Act where the Cabinet Secretary has received information that disqualifies the person from further being exempted.

"Revocations will be done where the CS determines that the person who has been exempted omitted material information when making the application under regulation 5 and that if such information was submitted, that information may have affected the eligibility of the person or the income from the exemption," read the statement in part.

Who Will Be Exempted

Following President William Ruto's assent to the Affordable Housing Bill, all Kenyans are obligated to pay the 1.5 per cent Housing Levy.

The 1.5 per cent levy will be deducted from the gross monthly salary for employed Kenyans and gross income for Kenyans in the informal sector.

Among those exempted will be Kenyans whose income is derived from the pension or gratuity paid to a person upon termination of a contract.

"An income or a class of income may be exempted from the Levy where the income is reimbursement of medical expenses or travel and accommodation expenses for a work-related activity or derived from an insurance compensation" read the proposal in part.

The Housing Levy is currently being effected on payslips following a directive by the Kenya Revenue Authority (KRA).

As per the late, the deductions are required to be remitted to the authority by the 9th day of every month.

President William Ruto filing his taxes at the KRA offices on May 26 2023

PCS

The National Cereals and Produce Board (NCPB) has initiated the process of compensating farmers who unknowingly bought fake or substandard fertiliser from their stores.

In a statement, the board revealed that the farmers will be required to lodge formal complaints by filing in a claim declaration form which will be available at the depots where they purchased the fertiliser.

According to the NCPB, the farmers will then be required to drop the forms after filling in their details.

Besides filling the forms, the farmers will also be required to provide proof of purchase from the national subsidy programme.

Kenyan farmers harvesting their crops

File

Farmers will also be required to present their original national ID cards while submitting the claims.

Additionally, farmers will also be required to provide the exhibits where applicable for those who are yet to use the fertiliser.

For farmers who have already utilised the fertiliser and had their claims verified by NCPB, they will be issued with an equivalent amount of the top-dressing fertiliser.

NCPB however cautioned that farmers presenting their documents must match their claims with the existing records at NCPB's silos or depots.

The board further confirmed having distributed 3 million bags of top-dressing fertiliser to registered farmers just in time for the 2024 long rains.

“Farmers are continuing to receive e-voucher messages for top dressing fertilizer and are encouraged to visit the nearest NCPB depot or selling centre to purchase quality fertilizers under the Government Subsidy Programme (GSP),” stated NCPB.

The compensation comes after the government confirmed that one company contracted to supply fertiliser to the Board had distributed substandard input.

The company, however, has pleaded its innocence.

Maize silos and driers at the Eldoret National Cereals and Produce Board (NCPB) depot.

Photo: NCPB

The Kenyan Shilling on Wednesday recorded a drop in value for the fifth consecutive day despite recording resurgent performance against the US dollar in the past month. 

According to the Central Bank of Kenya, the Shilling continued to rally against the Dollar, as the currency surged to Ksh127 in the previous week. 

The value has, however, seen a drastic drop with the currency oscillating between Ksh130 and Ksh132 this week showing a decline in growth in the foreign exchange market. 

As of Wednesday, the Shilling was trading at 132 units against one green buck. 

A look at Factors That Caused the Kenya Shilling to Gain/Lose Against the Dollar

A Review of Significant Events From 2020 to 2024

(Scroll to interact with the graphics)

This has thus caused uncertainty among investors over the volatility of the Shilling culminating in dollar outflows by businessmen seeking to invest in other countries exhibiting more stability. 

What Caused the Dollar to Fluctuate? 

Speaking to Kenyans.co.ke, Governance expert Ben Mulwa explained that the strengthening of the Shilling in the past month was attributed to the Eurobond buyback, which he pointed out was not sustainable over the long haul. 

"There was the issue of the regularisation of the Eurobond. It played a major factor in restoring investor confidence. 

"You realise it's not sustainable because what ultimately would stabilise the Kenyan Shilling and make it possible for it to be predictable is to stabilise our exports," he stated. 

"Unfortunately, our exports have been on the decline to an extremely large extent and as long as we remain a net import economy and continue to import products that we were not importing before, then we have zero control over the Shilling."

He added that Kenya should not be importing basic commodities that the country has the potential to make. For net importers, the government is forced to borrow to fund the imports which are denominated in Dollars and hence the increase in sovereign debt. 

This hence causes a ripple effect on the purchasing power of the commodities and subsequently leads to a rise in the inflation rate. Importers will thus purchase the commodities in dollars and place further strain on the Kenyan currency. 

"For instance, a basic commodity such as onions; for the past year, the prices of onions have been on the rise and for some strange reasons we are unable to produce onions to meet our consumption," he explained. 

"This is a product that was not in the computation of our dollar reserves. Those who have access to the product can control the prices and by effect, have a say on the value the Shilling is placed to the dollar. The ripple effect cuts across so many commodities that we have previously not been importing."

William Irungu, a senior research associate and economic expert shared Mulwa's sentiments and noted that the Shilling will depreciate further and settle at Ksh160 should the government not find a lasting solution. 

"Soon, we will see the Shilling on a free fall unless the government intervenes hence investing in the country is a risky affair," Irungu remarked. 

Mulwa noted that the fake fertiliser scandal will subject the agricultural sector to further crisis with the farmers unable to capitalise on the rainfall season experienced across the country. 

"The farmers were expecting fertiliser as it is the planting season and if they cannot access the government subsidy, they will acquire it from the private sector, the farmers will have to get the product and may end up buying it at higher prices."

"All indicators are we're going to see the downward fall of the Shilling in the coming weeks."

Our analysis has revealed the government, under the leadership of President William Ruto, has incurred losses amounting to over Ksh9 billion due to employees wielding counterfeit academic certificates.

This revelation emerged following President Ruto’s announcement that over 2,100 employees joined the public service sector with fake academic papers.

To put this colossal figure into perspective, it surpasses the equitable share received by all but seven counties in the financial year ending June 2022.

The specter of counterfeit credentials has long haunted Kenya's bureaucratic corridors.

However, President Ruto's administration has taken a decisive stance by calling upon individuals within the public service possessing spurious certificates to resign and reimburse the government for earnings accrued under false pretenses.

The brunt of this crackdown is poised to affect thousands of support staff, constituting a significant portion of Kenya's expansive public service workforce.

Casual workers and public servants wielding fraudulent academic qualifications are set to bear the initial repercussions as the government grapples with the ballooning public wage bill.

This revelation surfaced following the culmination of the 2024 National Wage Bill conference, where pivotal resolutions were reached, poised to reverberate throughout Kenya's public service sector if implemented.

Foremost among these resolutions is the mandate for all national and county government agencies to conduct comprehensive reviews of their staff establishments, ensuring alignment with legally stipulated skillset requirements.

At the heart of this controversy lies a comprehensive audit initiated by the Public Service Commission (PSC) in October 2022.

This audit unearthed a staggering tally of 2,067 counterfeit academic and professional certificates utilised to secure positions within government institutions over the past decade.

Leading the pack is the Ministry of Interior, topping the charts with the highest incidence of staff possessing dubious qualifications. The audit, encompassing 331 institutions, including ministries, state departments, agencies, state corporations, semi-autonomous bodies, and public universities, demanded stringent compliance.

However, despite concerted efforts, only a fraction of institutions adhered to the audit's directives. Of the 58,599 cases scrutinised, a substantial 1,280 were flagged as forged, underscoring the pervasive nature of this malpractice.

Moreover, a distressing revelation emerged regarding 787 officers across ministries, state departments, and agencies who secured appointments and promotions through the use of falsified documents.

How we arrived at Ksh9.25 billion

To ascertain the magnitude of the financial losses incurred by the government due to employees with fake certificates, a meticulous analysis of expenditure was undertaken. This analysis hinges on two pivotal figures: the average remuneration of civil servants in the highest and smallest job grades.

The government disburses an average of Ksh12,997 to civil servants in the highest job grade, while those in the smallest job group receive approximately Ksh434,442. Utilising these figures, coupled with the Public Service Commission's revelation of 2,067 individuals holding fraudulent credentials, a stark reality emerges.

The calculation reveals that over the course of President Ruto's twenty-month tenure, the government has suffered losses amounting to a staggering Ksh9.25 billion. However, employing President Ruto's slightly higher figure of 2,100 individuals with fake certificates, the losses escalate to Ksh9.4 billion, underlining the gravity of the situation.

To ensure a comprehensive understanding, a scenario was envisioned where all 2,067 individuals were placed in the smallest job group. In this scenario, the government's losses are estimated at Ksh537 million during the same period. Conversely, if these employees were considered to belong to the higher job groups, the losses remain approximately Ksh9.25 billion.

Impact

The implications of these astronomical losses are profound and far-reaching. Notably, the sum lost surpasses the annual budget allocations of the majority of counties. Only seven counties received in excess of Ksh9 billion in the 2021/2022 fiscal year.

With Ksh9.25 billion at its disposal, the Ministry of Education could embark on a transformative endeavour, constructing over 30,000 classrooms to accommodate Junior Secondary School (JSS) learners.

Furthermore, the allocation of Ksh3.9 billion for the construction of 15,021 classrooms in December 2023 pales in comparison to the potential impact of Ksh9.25 billion.

Additionally, the funds lost could have been directed toward settling outstanding obligations owed to private hospitals by the National Health Insurance Fund (NHIF). With Ksh6.1 billion owed to approximately 400 rural hospitals, the allocation of Ksh9.25 billion to the Ministry of Health could alleviate the financial strain on these vital healthcare providers.

Slide Through to Interact With More Graphics: 

The revelation that Ksh9 billion could significantly dent the country's wage bill, as evidenced by the expenditure of Ksh19.61 billion in salaries by State Departments and Agencies (MDAs) in March 2024.

While the actual figure of how much the government has lost is unclear, what our analysis shows is if the employees serving with fake certificates pay the government back, President Ruto could have more money to redirect to some of his pet projects, like that of affordable housing.

The Kenya Universities and Colleges Central Placement Service (KUCCPS) has re-opened the application portal for the second revision of courses for 2023 KCSE students.

According to the Placement Service, the opportunity targets previous applicants who have not yet secured courses or are yet to submit their course selections.

The application portal is open for KCSE students and Form Four leavers from 2000 to 2022.

The students will be allowed to submit their courses for placement in universities, Kenya Medical Training College (KMTC) and TVETs (Technical and Vocational Education and Training).

The KUCCPS students portal.

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KUCCPS

The applicants are encouraged to revise their courses before the April 25, 2024, deadline.

How to Revise

Students will be required to access the application portal through www.student.kuccps.net

Key in your login details by entering your KCSE index number, KCSE year and password (First-time users are advised to use the Birth Certificate Number of the KCPE number as the initial password).

Click on the Applications tab in the upper left-hand tab to check the requirements.

Alternatively, search for the courses by their institutions by clicking on the institutions tab.

Scroll through the programs and either add or revise the courses selected in the bracket.

To either replace a course, click on the application/revisions tab and enter a different program code.

The program codes can be accessed from the course list.

Once you are done, click submit.

Candidates are not required to pay any placement fee as they are advised to submit the mobile money code used during the first revision phase.

The government has been keen on encouraging students to take up TVET courses to enhance the country's capacity to offer practical training,

According to President William Ruto, the courses will push the youth to positively contribute to the economic growth of a country.

In the current financial year, the government allocated Ksh28.3 billion to cater for TVET institutions. 

An invigilator distributes papers to Starehe Boys' Centre students sitting KCSE exams in 2021.

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Ministry of Education

Kenyans will be required to provide proof of earning an income before being allocated a house in the government's affordable housing programme.

As detailed in the Affordable Housing Regulations, 2024, it was noted that the provision of the proof was necessary given that it will help the Affordable Housing Board ascertain that one can pay their mortgage.

One of the proofs of income includes payslips issued to employees at the end of every month.

"In accordance with section 49(2) of the Act, an application for allocation of an affordable housing unit shall be accompanied by proof of income and ability to repay for the loan," proposed the regulations.

Affordable houses constructed in Ongata Rongai.

Photo

Kings Serenity

On the other hand, applicants will also be required to provide identification documents such as a national identity card or passport.

Military identification documents are also listed as some of the documents that can be provided by applicants who served in the Kenya Defence Forces (KDF).

A passport-size photo was also listed as a requirement needed before one is allocated a house.

"In accordance with section 49(2) of the Act, an application for allocation of an affordable housing unit shall be accompanied by proof the deposit payable at the rate specified in regulation 10," read the regulations in part.

Notably, the regulations stipulate that Kenyans needed to pay a deposit of 10 per cent before being allocated houses.

However, there are provisions that Kenyans who are unable to meet the demands for the 10 per cent to get assistance.

"A person shall be eligible for deposit assistance if the person’s monthly income is below Ksh20,000 and the person demonstrates that the affordable housing unit to be purchased shall be their primary residence," the proposals read in part.

Additionally, the deposit assistance shall also be given to someone should the estimated monthly repayment for the purchase of affordable housing units be less than thirty per cent of the applicant’s monthly income.

Upon application, a decision on the allocation of houses will be made within 14 days.

President William Ruto (centre) holds the Affordable Housing Act, alongside Lands CS Alice Wahome (second from right) and Attorney General Justin Muturi at State House on March 19, 2024.

PCS

Since taking office, President William Ruto has embarked on numerous trips over the past 19 months, which has become a talking point among Kenyans amid the economic crisis in the country.

From his maiden trip to the United Kingdom to attend the burial of Queen Elizabeth II to various trips to the United States of America (USA), Germany, France, Brazil and Japan, the list has been long.

This year alone, the president has crossed borders six times, including a trip to Italy to attend the Italy-Africa Summit on January 28, 2024, as well as another trip to Ethiopia for the African Union Summit.

According to a spot-check by Kenyans.co.ke, the head of state has made a total of 40 trips. For an extensive analysis take a look at the graphics below.

Flights Taken by Ruto Since He Took Office

Tracking All Official and State Visits

The president's busiest month was May 2023, during which he travelled to four countries; United Kingdom, Netherlands, Israel and South Africa.

Kenyans.co.ke will be looking at the trips based on three factors; places travelled, cost implications and outcome of the trips. 

By The Numbers

The president's travel expenditure encompasses the recurrent cost incurred by Ministries, Departments and Agencies (MDAs). This covers factors such as salaries, travel, accommodation and maintenance that are included in the reports.

According to the National Government Budget Implementation Review Report for the Financial Year 2022/23, the Office of the President spent over Ksh1.4 billion on travel.

The report covered the period from July 1, 2022, to June 30, 2023.

Of the total amount, Ksh1 billion was allocated to domestic travel and Ksh361 million was reserved for foreign travel.

In contrast, the figure represented an increase of over 30 per cent as opposed to the Ksh957 million allocated during the 2021/22 Financial Year.

Further, a spot check on the National Government Budget Implementation Review Report for the first six months of the Financial Year 2023/24, showed that the figure was drastically reduced to Ksh21.24 million for domestic travel and Ksh12.21 million for foreign travel.

The report covered the period from July 1 2023 to December 31, 2023.

It is important to note that during the same period, the Office of the Deputy President was allocated Ksh184.81 million for domestic travel and Ksh111.38 million for foreign travel, raising questions about the expenditure by the incumbent government at a time when the country's economy is not yet out of the woods.

Uhuru Kenyatta's expenditure for travel 

Comparison

In contrast, former President Uhuru Kenyatta's administration gobbled up a budget of Ksh6.7 billion for both local and foreign travel during his two terms.

Out of this amount, Ksh1.66 billion was allocated for foreign travel while Ksh5.79 billion was channelled towards domestic travel.

Promises Made 

Critics have since raised concerns over the significance of the trips made by the head of state.

In a rejoinder in December 2023, Ruto claimed that he could account for every shilling he has used on foreign travel since he took over office. He noted that his mission was to salvage Kenya from plunging into debt distress as well as seeking job opportunities abroad for Kenyans.

1 Million Foreign Jobs

President Ruto reaffirmed that several international countries agreed to grant Kenyans one million jobs abroad. The countries in question include; Germany, Barbados, the United States, the United Kingdom and Canada.

In February 2024, the first batch of 500 Kenyan workers were exported to Saudi Arabia, Oman, Germany, Qatar and the United Arab Emirates.

Business Investment

The head of state has also wooed foreigners to invest in the country's manufacturing, agriculture and technology sectors to realise the government's Bottom-Up Economic Transformation Agenda (BETA).

He has also urged investors to explore the green energy sector, citing Kenya as possessing the largest energy reserves in solar, wind and geothermal.

Tax Reforms; Conducive Environment

In creating a win-win situation for the investors, Ruto also promised to review the tax reforms to create a conducive environment. In particular, he noted that a predictable tax regime attracts private sector players who prefer a stable environment to invest in.

The Nursing Council of Kenya (NCK) has broken down the process that nurses need to follow for them to emigrate to other countries.

Within the process, nurses will be required to visit the online services portal outmigration page on the Nursing Council website.

The nurses are then required to fill in an application form that will be verified by the immigration department.

A nurse will also be required to provide a copy of their national identity card or passport for identity verification.

A photo collage of nurses in an operation room, a graduation cap, and a folded certificate.

Nursing Arena/ UoN

They will also be required to provide their practising license and professional certificates while submitting the form.

Additionally, the nurses will also be required to pay the prescribed fee stipulated by the council.

However, the council has stipulated that there are special requirements for Canada and the United Kingdom.

For Canada, the council has announced that there will be additional requirements for nurses to make it to the National Nursing Assessment Service (NNAS).

First, a nurse will be required to provide a recommendation letter from their current employer or immediate supervisor

Secondly, they will also undergo a medical assessment and provide a medical report and a police clearance certificate.

The requirements for Nursing and Midwifery (NMC) application for the United Kingdom (UK) will also be required to provide a recommendation letter from a current employer or immediate supervisor similar to that of those moving to Canada.

A medical report, police clearance certificate and curriculum vitae are also part of the requirements for UK applicants.

However, as a special requirement, the National Employment Authority (NEA) registration will be a necessity.

Nurses intending to work in the UK will also be required to present pass results for the English Language Testing System (IELTS) or Occupational English Test (OET) to hr@nckenya.go.ke.
 

Undated Photo of Nurses Engaging in a Conversation

Business Today

As Kenya continues to campaign for Africa Union Commission Chairperson role, the competition for the position has escalated significantly in recent days.

With three contenders vying for the influential position, this article offers an in-depth profile assessment of each candidate and their respective experiences.

The race to attain the Chairpersonship of the African Union Commission (AUC) for the term spanning 2025 to 2029 has garnered considerable attention, drawing interest from across the Eastern African region of the continent.

This surge in interest follows a unanimous decision by the African Union Executive Council on March 15, stipulating that it is the Eastern Africa region's turn to nominate candidates for the esteemed position of Chairperson of the African Union Commission (AUC).

The pivotal decision transpired during the 22nd Extraordinary Session of the Executive Council of the AU, convened in Adidas Ababa.

At present, three formidable candidates have emerged as frontrunners in the race for Africa's paramount leadership role: Kenya’s Raila Odinga, Somalia’s Fawzia Yusuf Adam, and the latest entrant, Mahamoud Ali Youssouf of Djibouti.

Raila Odinga, Kenya

Kenya's nominee, Raila Odinga, stands prominently as a leading contender in the eyes of many observers. A civil engineer by profession, Odinga's familiarity with African politics is well-established, further bolstered by the decision of the East African heads of state to endorse a single candidate.

The EAC, headquartered in Arusha, Tanzania, comprises eight member states, including Burundi, the Democratic Republic of Congo, Kenya, Rwanda, Somalia, South Sudan, Uganda, and Tanzania.

Somalia's decision to nominate a candidate adds an intriguing dynamic to the race.

Raila Amolo Odinga, born in 1945 to Kenya’s first Deputy President, Oginga Odinga, boasts a rich political history in Kenya.

His tenure as Prime Minister from 2008 to 2013 was marked by significant national and regional engagements. Despite unsuccessful presidential bids, Odinga's commitment to democratic principles and human rights advocacy has remained unwavering.

Having served as the Member of Parliament for Langata Constituency and subsequently assuming the role of Leader of the Opposition since 2013, Odinga's political journey has been characterised by resilience and determination.

His activism dates back to the 1970s and '80s, during which he endured imprisonment without trial under accusations of subversion.

His contributions to Kenya's political landscape are notable, including his involvement in the drafting of the 2010 Constitution, hailed as a landmark achievement for the nation. Furthermore, his peace-building efforts and negotiation skills have played a crucial role in resolving conflicts and fostering stability.

In 2018, Odinga was appointed as the High Representative for Infrastructure Development at the African Union Commission, a testament to his regional influence and diplomatic standing.

However, his dismissal from this role in February 2023 following allegations of inciting violence underscores the complexities of his political career.

Presidents William Ruto and Yoweri Museveni with former Prime Minister Raila Odinga during a past visit to Uganda, February 26.

PSCU

Fawzia Yusuf Haji Adam, Somalia

Fawzia Adam, a prominent Somali politician, has held significant governmental positions, including Minister of Foreign Affairs and Deputy Prime Minister of Somalia, during her tenure from November 4, 2012, to January 17, 2014.

Adam's political journey hasn't been without controversy. She once supported the secession of Somaliland from Somalia and even attempted to contest the presidency of Somaliland.

However, her Peace, Democracy, and Prosperity Party (NBD), registered in Somaliland, faced a ban before the 2010 elections due to Somalia's claim over Somaliland territory.

Despite this, Adam's advocacy for education in her birthplace, Hargeisa, Somaliland, garnered her significant acclaim.

In a notable shift in 2012, Adam relocated to Mogadishu, where she made history as the first female Deputy Prime Minister and Foreign Affairs Minister of Somalia.

Her nomination by Somalia for the chairperson position of the African Union Commission in January 2024 reflects her growing influence and diplomatic prowess.

Currently, Adam leads the National Democratic Alliance (NDA) Party in Somalia and serves as a federal MP. Additionally, she is pursuing studies in International Public Policy at the Johns Hopkins University School of International Studies.

If successful, Adam could become only the second female head of the AUC, following in the footsteps of South Africa's Nkosazana Dlamini-Zuma.

A picture of Fawzia Yusuf Haji Adam during a past engagement with voters.

Photo

Twitter

Mahamoud Ali Youssouf, Djibouti

Mahamoud Youssouf, born on September 2, 1965, is a distinguished Djiboutian diplomat with a longstanding career in government service. Notably, he has held the position of Minister of Foreign Affairs in Djibouti since 2005.

Youssouf's diplomatic journey began at Djibouti's Ministry of Foreign Affairs, where he played a pivotal role in heading its Arab affairs department during the 1990s. His expertise and dedication led to his appointment as Ambassador to Egypt, serving from 1997 to 2001.

Recognizing his diplomatic prowess, Youssouf was entrusted with greater responsibilities, first as Minister-Delegate for International Cooperation on 4 July 2001, before ascending to the position of Minister of Foreign Affairs and International Cooperation on 22 May 2005.

His diplomatic engagements extended beyond the African continent, including a notable visit to Japan in 2006.

In a testament to his diplomatic leadership, Youssouf served as the Chairman of the 129th Ordinary Session of the Council of Foreign Ministers of the Arab League in 2008, further solidifying his reputation as a respected figure in regional diplomacy.

A picture of Mahamoud Ali Youssouf of Djibouti during a session of the African Union.

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AU

With the term of the incumbent AU Commission Chairperson, Moussa Faki Mahamat, concluding in early 2025 after serving a maximum of two four-year terms, the stage is set for a new leader to emerge.

The electoral process requires candidates to secure at least two-thirds of the votes from member states during the general assembly elections, highlighting the significance of garnering broad support across the continent.

While the race to replace Faki continues to heat up, Kenya's influence on the continent is coming in handy for Raila. In April, President Ruto launched a shadow diplomacy campaign in West Africa to drum up support for Odinga.

Raila has received endorsement by at least countries including; Uganda, Rwanda, Tanzania, Burundi, South Sudan, the DRC, South Africa, Ghana, Angola, and Guinea Bissau. 

He will require to woe more states to win the candidacy that would see him out of the 2027 general elections.

Police officers are directed not to arrest traffic offenders if the traffic offence is punishable by the charging of a fine.

According to a document published jointly by the Judiciary, the National Council of Administrative Justice and the National Police Service, a traffic offender should only be arrested if they fail to pay a fine that was imposed on them.

However, in such an instance, the offender will be jailed for a term not exceeding six months.  

“No traffic offender shall be held by police for offences punishable by a fine only or by imprisonment for a term not exceeding six months,” read the guidelines in part.

Matatus heading to Nairobi CBD during traffic along Ngara

Photo

Jalang'o

Further, the guidelines also provide that any person accused of traffic offences should be granted time to pay fines before any arrest is carried out.

“No accused persons in traffic cases will be locked up in cells without first being granted time, place and adequate facilities to pay fines,” explained the guidelines.

On the other hand, the guidelines state that law enforcement officers may arrest a traffic offender if the time granted to pay the fines has lapsed without payment from the offender.

Additionally, the traffic offender may also be arrested if they fail to attend a court hearing in regard to the offence committed.

Based on the traffic regulations guidelines, court summons or a Notification to Attend Court (NTAC) allows an individual to attend court on a convenient date within seven days.

The notice shall also outline the charges and indicate the maximum penalty to be paid to the court.

In the instance the accused fails to adhere to the summon, the bail payment previously issued will be scrapped and the issuance of the warrant of arrest will be granted.

However, the Minister for Transport, Kipchumba Murkomen has stated that the government is working on technology that will charge instant fines to motorists violating traffic regulations.

The technology is stated to be in the testing stage and will be rolled out to the public at a later date.
 

Transport Cabinet Secretary Kipchumba Murkomen at a meeting at NTSA offices on April 2, 2023.

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Kipchumba Murkomen