The National Assembly on Wednesday, July 24, received a Bill that would mandate eyewitnesses to be legally mandated to testify in case of an accident.
Should the witnesses not report or give a true version of an accident, they will be liable to a fine of Ksh50,000.
The proposal has been captured in the National Transport Safety Authority (Amendment) Bill, 2024, prepared by Limuru Member of Parliament John Kiragu Chege.
In the Bill, the powers to investigate accidents will be under the purview of the National Transport and Safety Authority (NTSA).
Once an accident happens, NTSA will employ the services of a qualified person to investigate the accident.
The investigator will have unfettered access to everything pertaining to the accident including eyewitnesses, victims and drivers.
“Where an investigator has reasons to believe that a person is capable of supplying information, producing a document or giving evidence that may assist in the performance of an investigation, the investigator may by summons signed by himself or herself and served on that person, require the person to furnish the information in writing signed by the person served, and in the case of a body corporate, signed by a competent officer of the body corporate,” the Bill read in part.
The witness will be asked to give evidence or produce documents relating to the accident at a required time with the manner of compliance indicated.
“A person who, without lawful excuse, refuses or fails to comply with a summon under this section commits an offence and is liable on conviction to a fine of not less than fifty thousand shillings or to imprisonment for a term not less than six months or to both,” Kenyans are warned.
The Bill will give NTSA powers to seek information from witnesses even if the evidence given will incriminate the person.
Should the investigator feel the witness is withholding information, an arrest warrant will be issued giving police power to raid the premises and property of the witness.
The police will conduct a search and make copies or take extracts of any evidence related to the case.
