Section Amended	Offence	Original Penalty	New Penalty
43	Driving beyond authorized speed limit	- Fine not less than two hundred shillings and not exceeding two thousand shillings (Kshs.2,000).	Fine not exceeding one hundred thousand shillings (Kshs.100,000).
45	Driving on pavements and pedestrian walkways	This is a new provision.	- For first conviction imprisonment for a term not exceeding three (3) months or to a fine not exceeding thirty thousand shillings (Kshs.30,000). - For subsequent conviction of imprisonment for a term not exceeding six (6) months
49	Careless driving (driving without any care and attention to other road users)	Fine not exceeding five thousand shillings (Kshs.5,000) or imprisonment for a term not exceeding five (5) months.	For first offence to a fine not exceeding one hundred thousand shillings (Kshs.100,000) orimprisonment for a period not exceeding one (1) year. - For second or subsequent offence to a term not exceeding two hundred thousand shillings (Kshs.200,000) or imprisonment for a term not exceeding two (2) years.
52	Failure to obey traffic signs, signals and traffic police directives	For first conviction to a fine not exceeding one hundred shillings (Kshs.100) or to imprisonment not exceeding three (3) months. - For a subsequent conviction to a fine not exceeding two thousand shillings (Kshs.2,000) or imprisonment for a term not exceeding six (6) months.	For first conviction, a fine not exceeding fifty thousand shillings (Kshs.50,000) or imprisonment for a term not exceeding six (6) months. - For second or subsequent conviction to a fine not exceeding seventy thousand shillings (Kshs.70,0000) or imprisonment for a term not exceeding one (1) year.
53	Obstruction	Fine not exceeding ten thousand shillings(Kshs.10,000) or imprisonment for a term not exceeding eighteen (18) months.	For first conviction, a fine not exceeding fifty thousandshillings (Kshs.50,000) or imprisonment for a term not exceeding one (1) year. - For a second and subsequent conviction to a fine not exceeding seventy five thousand shillings (Kshs.75,000) or imprisonment for a term not exceeding eighteen (18) months. - The court shall cancel driving licence of the offender and declare the offender unqualified to hold a licence for two (2) years.
65	Taking and driving a motor vehicle without consent	Fine not exceeding three thousand shillings (Kshs.3,000) or imprisonment for a term not exceeding nine (9) months.	For first conviction to a fine not exceeding fifty thousand shillings (Kshs.50,000) or imprisonment for term not exceeding two (2) years. - On subsequent convictions to a fine not exceeding seventy five thousand shillings(Kshs.75,000) or imprisonment for a term not exceeding two (2) years. - The court shall order the suspension of driving license of the driver for not less than one (1) month.
85	Driving under influence of a drink	Fine not exceeding one thousand shillings (Kshs.1,000) and imprisonment for a term not exceeding three (3) months.	Fine not exceeding one hundred thousand shillings (Kshs.100,000) or imprisonment for a term not exceeding two (2) years.
86	Reckless driving or driving in a speed and manner dangerous to the public.	Fine not exceeding one thousand shillings (Kshs.1,000) or imprisonment for a term not exceeding three (3) months.	Fine not exceeding one hundred thousand shillings (Kshs.100,000) or imprisonment for a term not exceeding two (2) years.
87	Careless driving or driving without regard to other road users Touting	Fine not exceeding two hundred shillings (Kshs.200)	- Fine not exceeding one hundred thousand shillings (Kshs.100,000)
103	Touting	Fine not less than two thousand shillings (Kshs.2,000) and not more than five thousand shillings (Kshs.5,000) - The court may order confiscation of instrument by which offence is committed.	- First conviction to a fine not exceeding thirty thousand shillings (Kshs.30,000). - Subsequent conviction to a fine not exceeding fifty thousand shillings (Kshs.50,000) . - The court may order confiscation of instrument by which offence is committed.
103 C	Unauthorised driving	New clause	- Fine not exceeding one hundred thousand shillings (Kshs.100,000) or a term not exceeding three (3) years.
114	Fraudulent imitation of documents (use of fake documents)	Fine not exceeding four thousand shillings (Kshs.4,000) or to imprisonment for a term not exceeding twelve (12) months.	Fine not exceeding one hundred thousand shillings (Kshs.100,000) or imprisonment for a term not exceeding two (2) years.

Other Key Highlights

In addition to review of penalties, the following new provisions that have been introduced into the Act
are also worth noting.

•  Renewal of driving licenses after every twelve (12) months has been abolished. The licenses will now be renewed after every three (3) years (section 30).
•  The Inspector General of the Police will be expected to gazette designated places along public roads where road blocks will be mounted except on exceptional cases certified as such by the Inspector General or officer authorized on his behalf (section 69A).
•  Highway Authorities will be expected to cause to be placed on or near to a road traffic signs including among other things, speed limit (section 70A).
•  Highway Authority will be expected to give notice through gazette notice and two newspapers of intention to close a road (section 71).
•  Requirement for:
  • (i) Public service vehicle drivers and conductors to have uniform and a special badge;
  • (ii) Undergo compulsory testing after every three (3) years;
  • (iii) Be issued with certificate of good conduct;
  • (iv) Be employed on permanent basis;
  • (v) Be vetted before taking employment (section 103A).
•  Inspector General of the Police will be expected to prepare a document showing a summary of offences set out in the Traffic Act and their respective penalties (section 117A).
•  All motor cycle riders and their passengers will be expected to wear a helmet and a jacket that has reflectors to warn passengers. The riders of motor cycles will also be expected to have rider’s license and ensure that the motorcycles are insured (section 103B). Officer Commanding Police Divisions will be responsible for traffic matters within the division and all police officers shall be responsible for traffic matters (section 117B);
•  The Registrar of Motor Vehicles is empowered to; where he has reasonable grounds to believe that a motor vehicle has been registered fraudulently, withdraw the registration of that motor vehicle (section 6).
•  All vehicles more than four years old from the recorded date of manufacture shall be subjected to inspection by the Motor Vehicle Inspection Unit (section 16(2)).
•  All drivers of public or commercial vehicles will be expected to undergo physical fitness tests, including an eye and hearing test by a qualified medical doctor after every three (3) years from the date of issuing or renewal of driving license (section 105A).
•  There will be assignment of demerit points to drivers who commit traffic offences (section 117A)