Fail to Observe Traffic lights and Zebra Crossings at your Own Peril, Nairobi County warns

The Kenyan traffic police department is set to be a major breeding ground of corruption with the implementation of the  Traffic (Minor offences) Rules, 2016 as Gazetted in the Legal Notice No. 161 of the Traffic Act.

It is a fact

It is a fact.

The National Transport  and Safety Authority (NTSA) has reported 10,528 classes of victims from January to September compared to 8,634 same period in 2015.

In September 30th alone, NTSA reported 1024 cases compared to 914 cases reported same month last year.

In terms of fatalities this year, 2248 cases were reported compared to 2,206 in 2015.  Most cases reported affected pedestrians (837), passengers (560), motor cyclists (382), drivers (264) and the least pillion passengers (151) and pedal cyclists (54).

Similarly, in June the Standard reported that 302 traffic police officers had been sacked for evading veting attributed to allegedly indulging in malpractices during their service.

During the exercise, the National Police Service Commision (NPSC) said a scrutiny of M-Pesa statements, it established that junior officers working in the traffic department regularly transferred fixed amounts of money to some of their seniors, suggesting that they had been given targets.

Subsequently,  the Nairobi County  in the Nairobi City County Public Nuisance Bill 2016’ drafted by Viwandani MCA Samuel Nyangwara proposes a raft of measures aimed bringing to an end the perpetual flouting of traffic and recurring misconduct of Matatu touts soliciting for passengers at undesignated areas especially within the Central Business District(CBD).

It is a relief with the new traffic rules to the motorists who will not be arrested, have their vehicles towed to police stations or pay fines in cash in fresh efforts to reduce corruption and tame road carnage through the instant fines.

However, it is the practicability of how the fines will be executed without a bribe be given out. Or are they going to reduce the ever-increasing road accidents being reported on our roads on a daily basis?

Kenyan traffic police officers take advantage of motorists most of the time as a way of getting something for themselves in terms of a bribe so as to let you get away with the offense that they will have found you in. Motorists fall into their traps out of their own ignorance as they are lax to know their rights, and the correct procedures to be followed whenever they are accused of breaking traffic rules.

For instance,  how will a traffic police make a judgement that a driver has failed to obey any directions given whether ‘verbally or by signal’ to be charged Ksh 3,000?

According to the new rules, any motorist driving without identification plates or whether the plates have not been fixed in the prescribed manner will be charged a total of Sh.10,000. If this is not enough, driving a vehicle that lacks a valid inspection certificate will not just get away freely as they will be required to pay Sh.10,000 for the offense.

Read: Accident Blackspots on Kenyan Roads Named by NTSA

Among the areas where motorists get accused of traffic offenses include failing to produce a driving license, since that is always the first thing to be inspected by a traffic officer whenever they stop a vehicle. Charges for driving without a valid driving license in respect to the class of the vehicle are Sh.3,000, Failure to renew a driving license will be charged Sh. 5,000 while Failure to carry and produce a driving license on demand will cost you a total Sh.1,000.

As a pedestrian, you will be required to adapt to the routine of using the zebra crossing at all times when crossing roads. This is because failing to do so will cost you a total Sh.50,000. Is this reasonable at all?

How many zebra crossings are there on our roads? And where exactly are they located? It is even a problem using them especially in the city of Nairobi where Matatu drivers are ever on the rush and they do not care giving pedestrians time to cross the roads, this forces them (pedestrians) to seek alternative ways of crossing the roads.

In the same regard, how many motorists respect the traffic lights?  Do they really work?

A motorist will be warned for exceeding speed limits by 1 to 5kph, but one will be charged Sh5,00 for exceeding by 6 to 10kph, Sh.3,000 between 11 to 15kph and Sh.10,000 for exceeding between 16 to 20kph.

The rules also provide for a Sh1,000 fine on people who leave any part of their body outside a moving vehicle.

Consequently, the amount collected on a particular day, what is the modality of accounting for it? Is an applicable framework available?

Perhaps, the new instant fines might face a similar scenario to what happened to the traffic mobile courts.

Here are the various offenses and their resultant fines as per the Kenya Gazette Supplement No. 165 printed on 23rd September 2016:

Here are the various offenses and their resultant fines as per the Kenya Gazette Supplement No. 165 printed on 23rd September 2016:

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