Inspector General Hillary Mutyambai has been sued for allegedly failing to act on traffic police harassment.
Lawyer Kipkoech Ng'etich, an advocate based in Nakuru, filed the suit claiming that the motorists are constantly harassed on highways by officers without the intervention of their bosses.
Through his lawyer, Chepkulul Katherine, Ng'etich further accused the police of converting Kenyan highways and roads into corruption dens to extort Kenyans.
"My advocate appeared before the magistrate, where she sought for conservatory orders to stop police and DPP from further arresting, detaining or preferring charges against me as a road user in this country and any other Kenyan," Kipkoech stated.
The lawyer was charged twice for surpassing the 50Km/hr speed limit along the Nakuru-Kericho highway. He argued that the experience 'distressed him' rather than encouraging him to observe traffic laws.
Kipkoech urged KenHA to clearly erect speed limit signposts and compelled the court to direct the authority to publicise the number of those erected along the highways.
“This matter is about the unconstitutional and unlawful arrest, detention and charging of Kipkoech Ng'etich and other Kenyan road users on unprecedented speed limits,” read part of the lawsuit.
Also dragged into the case was the Director of Public Prosecutions, who was accused of aiding the cops to prosecute and charge victims of police excesses.
Chief Justice Martha Koome, the Law Society of Kenya (LSK), and the Kenya Highways Authority (KeNHA) were also listed as interested parties in the lawsuit.
Respondents and interested parties have not yet responded to the lawsuit. The case will be mentioned on October 12, 2022.
In 2021, IG Mutyambai clarified that he never ordered roadblocks to be removed but rather regulated. This was after a section of motorists misinterpreted his directive urging traffic police to desist from illegally operating on highways.
He further warned motorists from offering bribes to corrupt police officers who should be reported and charged with graft.
“I neither removed traffic officers nor roadblocks from our roads, I rationalised the system. Even then, nobody should give bribes. Kindly report such incidences with evidence," Mutyambai stated.
Police have heightened surveillance on the roads owing to the high number of road crashes attributed to traffic offences.
Statistics released by the National Transport and Safety Authority indicate that 3,358 people died in road accidents between January 1 and September 13, 2022. Pedestrians form the highest number of victims at 1,208 followed by cyclists, 903.
