The Kenyan High Court ruled that minor traffic offences should be instantly fined and that, police officers are responsible for imposing them. The fines were gazetted back in September 2016 and the highest fine payable is Kes.10,000.
Instant Fines will start being imposed as from November 2018, though the method of payment is yet to be communicated to the public. A task force was formed by cabinet secretaries Fred Matiang’i -Interior, Joe Mucheru – ICT and James Macharia – Transport. The task force will be headed by Transport Principal Secretary Esther Koimett and their role is to come up with rules on paying the fines.
“Imagine these people were fined Kes.1,000, could not afford it and ended up in jails where they are consuming up to Kes.20,000 a month. Some of these issues can be addressed through these instant fines,” said CS Fred Matiang’i.
“If well managed and the payment of fines is automated, it can eliminate corruption and serve a legitimate purpose,” said High Court Judge, John Mativo when he made the ruling.
Here’s a list of part of the offences and corresponding penalties as per the Kenya Gazette Supplement No.165:
- Driving without identification plates affixed or plates not fixed in the prescribed manner Ksh.10,000
- Driver using a mobile phone while the vehicle is in motion Ksh.2,000
- Driving through a pavement or pedestrian walkway Ksh.5,000
- Failure to carry a fire extinguisher and/or reflective/warning signs will warrant a fine of Ksh.2,000
- Driving without a valid drivers endorsement in respect of the class of the vehicle Ksh.3,000
- Failure to renew drivers license Ksh.1,000
- Failure to carry and produce drivers license on demand Ksh.1000
- Driving a PSV while being unqualified Ksh.5,000
- Driving a vehicle without valid inspection certificate Ksh.10,000
- Exceeding speed limit Ksh.500-10,000 (depending on the Kph warning and exceed limit)
- Failure by a driver to obey instructions given by a police officer in uniform verbally or by signal Ksh.3,000
- Failure to stop when required to do so by a police officer in uniform Ksh.5,000
- Causing obstruction by allowing a vehicle to remain in any position on the road inconveniencing other motorists Ksh.10,000
- Driver of a motorcycle carrying more than one passenger Ksh.1,000
- Passenger alighting at an unauthorised bus stop Ksh.1,000
- Driver picking up a passenger at an unauthorised bus stop Ksh.3,000
- Failure to refund fare paid for an incomplete portion of the journey for which full fare has been paid warrants a penalty of Ksh.3,000
- Failure to wear a seat belt while the motor vehicle is in motion will attract a fine of Ksh.500
- Touting will attract a fine of Ksh.3,000
- Failure of PSV driver or conductor to wear special badge and uniform will be charged a penalty of Ksh 2,000.
- Owner or operator of PSV employing an unlicensed PSV driver or conductor will be charged Ksh 10,000
- Failure of PSV to carry functional fire extinguishers and fire kits warrants a penalty of Ksh.2,000
- Learner failing to exhibit “L” plates on the front and rear of the motor vehicle will be charged Ksh.1,000