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New traffic rules in Kenya, new traffic penalties; Amendments to the Traffic Act CAP 403

17 November 2012 No Comment
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)

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