Laws & Penalties Giving Cattle Herders Power Over Motorists on Highways

Motorists waiting for cattle herder to clear the road
Motorists waiting for cattle herder to clear the road.
Ma3Route

Motorists plying different roads in the country have always clashed with herders, with cows, donkeys, oxen and other animals blocking their path.

But according to the country's traffic laws, ignoring a signal or sign raised by a herder while on the road is illegal and can lead to a fine or imprisonment.  

The law giving herders powers over motorists is enshrined in Traffic Act CAP 403 Section 52, which stipulates that motorists are expected to abide by their signs and commands while on the highway.

"When any person in charge of any cattle raises his hand or in any manner gives a signal to stop, forthwith stop his vehicle and keep it stationary for as long as it is reasonably necessary," Traffic Act section 52 states.

Cattle grazing near Southern Bypass Nairobi Expressway station
Cattle grazing near Southern Bypass Nairobi Expressway station.
Ma3Route

Penalties

According to the section, contravening the rules amount to a violation of traffic rules which attracts punitive penalties.

"For a first conviction, to a fine not exceeding fifty thousand shillings or a term of imprisonment not exceeding six months," the section adds.

"For a second or subsequent conviction, to a fine not exceeding seventy thousand shillings or a term of imprisonment not exceeding one year," it further stipulates. 

The law further directs motorists to stop and record details of their vehicles in case of an accident involving an animal.

"If, in any case, owing to the presence of a motor vehicle on a road, an accident occurs whereby injury or damage is caused to any person, vehicle, dog or cattle, the driver of the motor vehicle shall stop, and if required to do so by any person having reasonable grounds for so requiring give his name and address, and also the name and address of the owner and the identification marks of the vehicle," Section 73 on the Act states.

However, the law also targets cattle herders who fail to guard the animals on the road. Carelessly handling the animal in a way that intentionally blocks the road amounts to a traffic offence.

"Any person driving or conducting any cattle, dog or other animal who, on any road, fails to exercise reasonable care to keep it or them under proper control, or allows such cattle, dog or animal to become a danger or annoyance to the public, shall be guilty of an offence and liable to a fine not exceeding ten thousand shillings," section 88 states.

The debate regarding animals on the road started after a motorist shared a photo showing cattle grazing outside Nairobi Expressway on Friday, November 18. 

Aggrieved motorists asked Nairobi Governor Johnson Sakaja to intervene following the cattle invasion, especially along Mombasa Road.

"Dear Governor Johnson Sakaja. For how long will we share the road with these cows along Mombasa road? Please do something," a motorist pleaded online.

Others seconded him, calling on the governor to intervene. 

Residents and Motorists Watch as Eight Stray Elephants Cross the Mombasa-Nairobi Highway
Residents and Motorists Watch as Eight Stray Elephants Cross the Mombasa-Nairobi Highway
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