Little Known Traffic Offences in Kenya

Traffic police officers stop motorist at a checkpoint. On Wednesday, May 13, 2020, NTSA issued a warning to motorists.
Traffic police officers stop motorists at a checkpoint along Nairobi - Nakuru Highway in May 2020.
Photo
NPS

Knowing what is expected of you after committing a traffic offence is vital. There are numerous traffic offences as governed by the Traffic Act Chapter 403.

However, there are several offences that can be classified as uncommon yet motorists are liable to fines if caught in violation.

The National Transport and Safety Authority (NTSA) listed all the traffic offences, in a bid to counter the number of road accidents in Kenya, and several stood out.

Below is a list of the little known traffic offences and the respective fines if caught on the wrong end of the law.

File image of Traffic police inspecting a PSV matatu
File image of Traffic police inspecting a PSV matatu
File

These felonies could land both drivers and passengers in trouble as each of them bears different consequences and penalties. 

A learner without the ‘L’ Sign

Granted, graduating driving school is the first step towards becoming an authorised driver on Kenyan roads.

However, fresh graduates are required to clearly exhibit the L’ sign at the front and rear sides of your car. Failure to do so will be eligible for a Ksh 1,000 fine.

Notably, the L should be displayed on the vehicle until one feels confident enough to drive without it. It is removed at the owner's discretion, not anybody else’s. 

Notably, the L should be displayed on the vehicle until one feels confident enough to drive without it. It is removed at the owner's discretion, not anybody else’s. 

Motorists on a Colossal Traffic Jam Along Busy Uhuru Highway in Nairobi
Traffic jam witnessed along busy Uhuru Highway in Nairobi in 2019
Simon Kiragu
Kenyans.co.ke

Fare refund

Failure by the conductor to refund the fare for the incomplete portion of the journey for which full fare has been paid.

This attracts a fine of Ksh 3,000.

Unmaintained motor vehicles 

These include parts such as a cracked windshield, worn out tires etc.

According to Section 55 (1), this warrants a fine of Ksh 10,000-Ksh 20,000, depending on the respective offence.

Failure by the owner of the vehicle to have seat belts in the motor vehicle

A person, while not being the designated driver of the PSV who drives the vehicle will be fined Ksh 3,000, same as the authorised driver. 

Also, failure to have seat belts (or substandard and worn-out seat belts) will be charged Ksh 1,000 for every seat on the owner of the vehicle.

If found not wearing a seat belt while the vehicle is in motion a fine of Ksh 500 is mandated.

PSV drivers and touts, not wearing appropriate attire and without identification badges warrant a fine of Ksh 2,000.

Travelling with part of the body outside a moving vehicle

This regulation aims at taming conductors who often cling on doors on transit. Anyone found travelling with any part of his or her body outside the automobile will be liable to pay a Ksh 1,000 fine. 

Vehicles in traffic along Uhuru Highway in Nairobi, Kenya.
Vehicles in traffic along Uhuru Highway in Nairobi, Kenya.
Simon Kiragu

Anyone found travelling with any part of his or her body outside the automobile will be liable to pay a Ksh 1,000 charge.

Instructions from Traffic Officers

Failure of a driver to obey any directions given, whether verbally or by signal, by a police officer in uniform, in the execution of their duty is an offence.

Once apprehended, it will draw a fine of Ksh 3,000 and Ksh 5,000 if the driver fails to stop when required to do so.

Here is a summary of the new traffic rules caused by the Amendment of section 12 of Cap 403 of the laws of Kenya.

Number plates: When you sell your vehicle, you should surrender the number plates to the registrar of motor vehicles and when you fail to renew the insurance, remember to surrender the number plates to the registrar otherwise you risk being arrested and fined

Overlapping, obstruction, driving on pavement or through a petrol station to avoid traffic-You risk a fine of Ksh 100,000 -300,000 or One year in jail or BOTH .

Over speeding: when you over speed- You risk a fine of Ksh 10,000 or 3 months imprisonment or both

Careless Driving: Penalty of Ksh 500,000 or 10 years imprisonment or BOTH.

Careless driving causing death: Life Imprisonment. This is being treated like murder.

Driving under influence of alcohol: A fine of Ksh500, 000 or ten years in jail or both.

PSV Operators: Should adhere to the uniforms and badges rules .

Motor Cycle operators: One only and the passenger and rider must be in reflective vests and helmets- otherwise you risk a fine of Ksh 10,000 and in default 12 months imprisonment.

Other changes as below:

Road blocks are to be gazetted prior to being mounted by the police. 

Driving licenses of speed limit violators shall be suspended for not less than 3 years if the person has exceeded speed limit by more than 10 kph and if offence is repeated 3 or more times.

Mandatory eye test every 3 years for licensed drivers. And if you fail the test then license is withdrawn. 

All law enforcement officers (regular police and APs) are now effectively mandated to deal with traffic issues with the abolition of the Traffic Department under the Kenya Police Service Act.

Traffic Police at Nyayo Stadium Round About , Nairobi. Monday, November 14, 2019
Traffic Police at Nyayo Stadium Round About, Nairobi. Monday, November 14, 2019
Simon Kiragu
Kenyans.co.ke
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