High Court Rules in Favour of Driver Speeding at 120 Km/Hr on Kenyan Road

The High Court on Thursday sparked confusion among Kenyans after making a controversial ruling that seemingly indicated that driving at a speed beyond 100Km/hr was legal.

Presiding over the case involving one Ankush Manoj Shah, who landed in trouble for ignoring the speed limit on a sign along the Southern Bypass Road between Kikuyu and Kiambu, Judge Ngenye Macharia ruled in favour of Mr Shah.

According to the charge sheet, Shah was also charged for exceeding the 100 Km/hr by 20 Km/hr and according to the lower court and the NTSA regulations, he was supposed to be fined Sh10,000.

However, Shah walked away scot-free after his lawyer, Allen Gichuhi, successfully poked holes on the existing Traffic laws.

Speaking to Kenyans.co.ke, Mr Gichuhi noted that the law contradicts itself and that was the advantage he had in the case.

His client was charged under Section 70 (5A) of the traffic Amendment Act which did not stipulate any offences for violation of the speed limit.

Nonetheless, Section 70 (5B) of the same Act highlighted that a fine of not less than Sh20,000 was to be paid if the driver exceeds the limit by 20Km/hr.

"A person who violates a speed limit prescribed for a road under subsection (1A) by more than twenty Kilometers per hour commits an offence and shall be liable, on conviction, to imprisonment for a term of not less than three months, or a fine of not less than twenty thousands shillings, or both," the Act states.

Judge Macharia pointed out that implicating Shah under the wrong law had made the court rule in his favour.

“Under the 2016 Traffic Rules, if he exceeded the speed by between 16 and 20 k.p.h, he was liable to a fine of Sh 10,000. Had the proper law been cited, under Sub-section 5 (5)(B), he was liable on conviction to imprisonment for a term of not less than 3 months or a fine of not less than Sh20,000 or both,” the ruling indicated in part.

Lawyer Gichuhi noted that he would continue to challenge other similar rulings unless Parliamentarians mend the loopholes in the existing laws.

Judge Macharia also told Attorney General Githu Muigai to harmonise the provisions.