Section 44 of Traffic Act CAP 403: Driving under influence of drink
(1) Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place, is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.
(2) A person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified, for a period of twelve months from the date of conviction, for holding or obtaining a licence.
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- Section 45 - Prohibition of drinking when driving or in charge of public service vehicle
(1) Any person who, when driving or in charge of, or during any period of dutyin connexion with the driving of, a public service vehicle, drinks any intoxicating liquor shall be guilty of an offence...
- Section 45A - Driving on pavement, pedestrian walkway, etc.
(1) No person shall, in order to avoid a buildup of traffic on a road, drive a motorvehicle on, or through, a pavement or a pedestrian walkway.
(2) A person who contravenes subsection (1) commits an...
- Section 46 - Causing death by driving or obstruction
Any person who causes the death of another by driving a motor vehicle on a road recklessly or at a speed or in a manner which is dangerous to the public, or by leaving any vehicle on a road in such a...
- Section 47 - Reckless driving
(1) Any person who drives a motor vehicle on a road recklessly, or at speed, or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature,...
- Section 48 - Power to convict for reckless or dangerous driving on trail for manslaughter or for causing death by driving or obstruction
Upon the trial of a person who is charged with manslaughter in connection with the driving of a motor vehicle by him, or with an offence under section 46, if the court is satisfied that such person is...
- Section 49 - Driving without due care and attention
(1) Any person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and...
- Section 50 - Warning to be given before prosecution
Where a person is prosecuted for an offence under any of the sections of this Act, other than section 46, relating respectively to the maximum speed at which motor vehicles may be driven, to reckless...
- Section 51 - Only proper fuel to be used in motor vehicles
(1) No fuel shall be used in any motor vehicle except that specified in the vehicle licence in respect of such vehicle or, in the case of a motor vehicle the motor unit of which is a compression...
- Section 52 - Signals and signs to be obeyed
(1) The driver of a vehicle shall at all times—
(a) obey any directions given, whether verbally or by signal, by a police officer in uniform, in the execution of his duty; and
(b) conform to the...
- Section 52A - Offences relating to parking bays and areas where no charges are made
(1) Any person who, being the driver of a vehicle, in any parking bay or parking area—
(a) leaves the vehicle for a period in excess of the time prescribed by any traffic sign relating to that bay or...
- Section 52B - Parking of vehicles carrying explosives, petroleum, etc.
(1) No vehicle carrying explosives, ammunition, petroleum or any inflammable substance shall remain stationary for more than fifteen minutes within the boundaries of a trading centre, township,...
- Section 53 - Obstruction
(1) No vehicle shall be allowed to remain in any position on any road so as to obstruct or to be likely to obstruct or cause inconvenience or danger to other traffic using the road, and, save where...
- Section 54 - Racing, pacemaking and trial of speed
(1) It shall not be lawful for any person, without the written consent of thehighway authority and of the Commissioner of Police, to promote or take part in any race or trial of speed between vehicles...
- Section 55 - Condition of vehicles
(1) No vehicle shall be used on a road unless such vehicle and all parts andequipment thereof, including lights and tyres, comply with the requirements of this Act, and such parts and equipment shall...
- Section 56 - Limitation of loads
(1) No vehicle shall be used on a road with a load greater than the loadspecified by the manufacturer of the chassis of the vehicle or than the load capacity determined by an inspector under this...
- Section 57 - Exemptions
(1) A highway authority may grant a permit subject to such conditions as maybe specified therein—
(a) for the use on a road of a vehicle the weight or dimensions of which exceeds the maximum weight...
- Section 58 - Penalty for improper condition or overloading
(1) Any person who drives or uses on a road a vehicle in contravention of the provisions of section 55 or section 56 shall be guilty of an offence and liable to a fine not exceeding four hundred...
- Section 59 - Obstructing driver of motor vehicle
(1) No person in a motor vehicle shall molest or obstruct the driver of the motorvehicle while it is in motion.
(2) In no motor vehicle shall passengers be carried in such numbers or in sucha...
- Section 60 - Restrictions on pillion riding
(1) It shall not be lawful for more than one person in addition to the driverto be carried on any two-wheeled motorcycle, nor shall it be lawful for any such one person to be so carried otherwise than...
- Section 61 - Riding in dangerous position
(1) Except for the purpose of testing or repairing a motor vehicle, no person shallride or be carried on the footboard, tailboard, steps, mudguards, canopy, roofing or elsewhere on the outside of any...
- Section 62 - Restrictions on persons being towed
No person, otherwise than with lawful authority or reasonable cause, shall take or retain hold of, or get on or off, a motor vehicle or trailer while in motion on any road.
- Section 63 - Causing damage to motor vehicle
No person shall throw any object at any vehicle or at any person in or on such vehicle, nor shall he place any object on any road nor by any means impede the progress of any vehicle whereby injury or...
- Section 64 - Tampering with motor vehicle
No person shall, without the knowledge or permission of the owner, or without reasonable excuse, get on to a motor vehicle or trailer, or attempt to manipulate any of the levers, the starter, brakes...
- Section 65 - Taking motor vehicle without consent
(1) If any person, whether employed by the owner or not, takes and drives away any motor vehicle without the consent of the owner thereof or other lawful authority, he shall be guilty of an offence...
- Section 66 - Unattended motor vehicles
No person shall—
(a) leave unattended on a road any motor vehicle with the engine running;
(b) quit any vehicle without having taken due precautions against its moving along the road from its...
- Section 66A - Maximum driving hours
(1) No person shall drive a public service vehicle or a commercial vehicle formore than a total of eight hours in any period of twenty-four hours.
(2) Any person who contravenes or fails to comply...
- Section 66B - Disqualification on third endorsement in three years
Where—
(a) a person is convicted of an offence in respect of which the court may or shall order particulars of the conviction to be endorsed on any driving licence held by him; and
(b) that person...
- Section 67 - Penalties under this Part
(1) Any person who contravenes or fails to comply with any of the provisionsof this Part shall be guilty of an offence and liable, where no penalty is specifically provided, on first conviction to a...
- Section 68 - Highway code
(1) The Minister shall prepare a code (in this section referred to as the highway code) comprising such directions as appear to him to be proper for the guidance of persons using roads, and may from...
- Section 69 - Power to regulate traffic
Without prejudice to any powers or duties of the police under this Act or any other Act, it shall be the duty of the police—
(a) to regulate all traffic and to keep order and prevent obstruction in...
- Section 69A - Mounting of roadblocks
(1) The Inspector-General of the Police may, by notice in the Gazette, designate a place along a public road on which a police roadblock may be mounted.
(2) A roadblock shall not be mounted in a...
- Section 70 - Traffic signs
(1) Subject to and in conformity with such general or other directions as maybe given by the Minister, a highway authority may cause or permit traffic signs to be placed on or near a road.
(1A)...
- Section 71 - Closure of roads
(1) It shall be lawful for the highway authority or its authorized representative, for the purpose of preventing damage being caused to any road or for the purpose of carrying out any works which it...
- Section 72 - Injury to bridges
If any injury to a bridge or road is caused through any contravention of this Act, it shall be lawful for the highway authority to make good such injury and to recover the cost thereof from the owner...
- Section 72A - Power to make by-laws for designated parking places
(1) A local authority may, by by-laws—
(a) designate parking places on roads, within its area of jurisdiction for vehicles or vehicles of any particular class or description, having regard to both...
- Section 72B - Charges for use of designated parking places
(1) There shall be paid to the local authority in respect of a vehicle left in a designated parking place charges calculated in accordance with this section or in such other manner as the local...
- Section 72C - Supplemental provisions regarding excess charge
(1) Where an excess charge has been incurred in respect of a vehicle, aninspector shall attach to the vehicle in a conspicuous position a notice, which shall contain the prescribed...
- Section 72D - Exceptions
Notwithstanding this Part—
(a) a vehicle may be left in a space in a parking place without payment of the initial charge if the parking meter for the space does not show the specified...
- Section 72E - Meters may be taken out of use
(1) An inspector may place a cover bearing the words “Meter Out of Use” over any parking meter or parking meter case in or adjacent to a designated parking place—
(a) if the parking meter is out of...
- Section 72F - Duty of local authority concerning parking meters
Where parking meters are installed in a designated parking place, it shall be the duty of the local authority to take the prescribed steps to ensure that they are maintained in good working order, and...
- Section 72G - Offences concerning designated parking places
(1) Where—
(a) a vehicle is left in a designated parking place, and any initial charge or excess charge which is thereby incurred is not duly paid; or
(b) a vehicle is left in a designated parking...
- Section 72H - Protection of local authority
The exercise by a local authority of its powers under this Part shall not render the local authority liable in respect of any loss or damage to any vehicle or to the contents or fittings thereof.
- Section 72I - Interpretation of this Part
In this Part—
“excess charge” means the charge called an excess charge in section 72B(3) (including an excess charge payable in the circumstances described in section 72C(3));
“initial charge” means...
- Section 72J - Power to make by-laws for parking elsewhere than in designated parking places
Without prejudice to its powers to make by-laws under section 72A, a local authority may—
(a) provide parking places on roads or on other places under its control, within its area of jurisdiction,...
- Section 73 - Duty to stop and report
(1) If, in any case, owing to the presence of a motor vehicle on a road, an accident occurs whereby injury or damage is caused to any person, vehicle, dog or cattle, the driver of the motor vehicle...
- Section 74 - Inspection of vehicle involved in an accident
Where an accident arises out of the presence of a motor vehicle on a road, any police officer may inspect any vehicle in connexion with which the accident arose, and for that purpose may enter at any...
- Section 75 - Penalties under this Part
Any person who contravenes or fails to comply with any of the provisions of this Part shall be guilty of an offence and liable on first conviction to a fine not exceeding five thousand shillings or to...
- Section 76 - Powers of court
(1) Any court before which a person is convicted of any offence in connection with the driving of a motor vehicle may—
(a) if the person convicted holds a driving licence or provisional driving...
- Section 77 - Right of appeal
An appeal shall lie against any order made by a court under section 76 in the same manner as against a conviction, and the court making the order or the court to which the appeal lies may suspend the...
- Section 78 - Cancellation of driving licence
(1) In any case where a court under any provisions of this Act has ordered the suspension of a driving licence or provisional driving licence, the, licence shall be deemed to be cancelled in respect...