Every so often, motorists and riders find themselves breaking traffics rules- knowingly or unknowingly. Recently, the government, through the National Transport and Safety Authority (NTSA), launched a crackdown that exposed inadequacies in the implementation of traffic rules in the country.
Before the nationwide crackdown was suspended, the Federation of Public Transport decried harassment of its members from law enforcement officers. This is a common phenomenon on the Kenyan road.
To address the rising cases of harassment and other flaws in the enforcement of traffic laws in the country, the National Council on the Administration of Justice (NCAJ) has published guidelines on how motorists should handle traffic matters.
The publication, dubbed Directions on Traffic Cases, is aimed at helping motorists understand their rights when caught on the wrong side of the law.
According to the publication, motorists caught violating traffic rights should not be detained without being granted time, place and adequate facilities to pay fines or bail.
In case a motorist is found culpable, NCAJ has directed traffic enforcers to ensure that the motorists are released on reasonable bail or bond conditions pending charge or trial.
"Release on reasonable bail or bond conditions pending charge or trial, for all other traffic offenders, shall be fast-tracked.
"A suspected offender shall be issued with Court Summons or a Notification to Attend Court (NTAC) on a convenient date within seven days. The Notice shall state charges and indicate the maximum penalty," the guidelines state.
In a new rule that favours motorists, the guidelines have directed Magistrates to ensure fine money is returned before a traffic offense case is determined.
"Before plea is taken, the Magistrate shall ensure that any cash bail collected by the police from the suspect/accused is available in court. The offender must remit to court the maximum amount payable for the offense (s) cited if he or she opts to plead guilty in writing upon issuance of the NTAC."
However, failure to attend a court session after committing a traffic offense will lead to a warrant of arrest against the individual.
"If the offender does not attend court, the cash bail will be forfeited and a Warrant of Arrest issued," the NCAJ guidelines added.
The NCAJ, which is an oversight authority, works in collaboration with the Judiciary. The Director of Public Prosecutions serves as the bodies vice chair.
