As the world, yesterday, marked World Day of Remembrance for Road Traffic Victims, at least 2,774 people have died in road accidents since January 2012. That’s according to Traffic Commandant Benson Kibui. Furthermore a report by IFLA reinforces this stating more than 3,000 people die each year in road accidents. This is the same as a Boeing 767-200 crashing every month of the year, killing everyone on board; with two crashing in November and December.
Bearing in mind these statistics, the president recently signed the amendments of section 12 of CAP 403 of the laws of Kenya. Here is a summary of the new traffic rules.
- Number Plates: Identification numbers issued under this act are the property of the Kenya Revenue Authority and shall be non-transferable. When you sell your vehicle, you should surrender the number plates to the registrar of motor vehicles. Number plates issued under this act shall cease to be valid when Insurance cover, i.e. motor vehicle third party risk, of the car to which it relates expires and is not renewed within 30 days of expiry of the cover. The owner of the vehicle should surrender the number plates to the registrar of motor vehicles in the prescribed manner. When one fails to surrender a licensing plate as required under this section they shall be liable to a fine not exceeding KES 30,000, in addition, a fine of KES 10,000 for every month during which the failure persists.
- Overlapping, obstruction, driving on pavement or through a petrol station to avoid traffic: No motor vehicle shall, in order to avoid a build-up of traffic on a road, be driven on, or through a pavement, a pedestrian walkway or a petrol station. Anyone who commits such offence shall be liable, upon conviction, to imprisonment for a term not less than three months, or to a fine of not less than KES 30,000 or both.
- Over speeding: When you over speed, you risk a fine of KES 10,000 or 3 month imprisonment or both.
- Careless driving: You could pay a penalty of KES 500,000 or 10 years imprisonment or both.
- Careless driving resulting in causing death: This will be treated as murder thus calls for life imprisonment.
- Driving under the influence of alcohol: You will pay a fine of KES 500,000 or 10 years in jail or both.
- PSV operators: Should adhere to the uniforms and budges rules.
- Motor cycle operators: Rider should carry one passenger only and they both must be in reflective vests and helmets failure to which you risk a fine of KES 10,000 and in default, 12 months’ imprisonment.
Other changes include:
- Roadblocks are to be gazette prior to being mounted by the police. Roadblocks may be mounted in a non-designated place only in exceptional circumstances certified as such by the Inspector-General.
- Driving licenses of speed limit violators shall be suspended for not less than 3 years if the person has exceeded speed limit by more than 10 kph and if offence is repeated 3 or more times.
- A person who violates a prescribed speed limit by up to 20 kph shall be liable to imprisonment for a term of not less than three months or a fine of not less than KES 20,000 or both.
- Mandatory eye test will be conducted every 3 years from the date of issue of a license, or renewal of a license. Driving license shall not be renewed unless the person seeking the renewal produces to a licensing officer a report prepared by a medical practitioner certifying the condition of the applicant’s eye sight, and whether or not that condition makes the applicant fit to drive a motor vehicle.
- All law enforcement officers’ i.e. regular police and Administrative Police (APs) are now effectively mandated to deal with traffic issues with the abolition of the Traffic Department under the Kenya Police Service Act.