Traffic police officers can only arrest offenders or detain offending vehicles in serious offences such as causing death by dangerous driving, driving under the influence of alcohol and driving a vehicle without insurance.
According to the Kenyan judiciary, the following updates should be adhered to, so as to control corruption.
- No traffic offender shall be held by police for offences punishable by a fine only or by imprisonment for a term not exceeding six months.
- No accused persons in traffic cases will be locked up in cells without first being granted time, place and adequate facilities to pay fines or bail.
- Traffic courts shall process payment of traffic fines in open court.
- 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 clearly indicate the charges, the court and the time to take plea.
- Before plea is taken, the Magistrate shall ensure that any cash bail collected by the police from the suspect/accuse is availed in court.
- The offender must remit to court the maximum amount payable for the offence cited if he or she opts to plead guilty in writing upon issuance of the NTAC.
- Committal warrant for prison custody will only be issued if the offender is unable to pay the fine/cash bail after reasonable time and facilities.
- If offender does not attend court, the cash bail will be forfeited and warrant of arrest issued.
If offender has to pay cash, it can only happen to an authorized court staff who will issues an official receipt.Mpesa payment system has been rolled out.
