Act and Laws in Kenya

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  • Section 35 of Traffic Act CAP 403: Issue of driving licence to members of armed forces

    Notwithstanding this Part, the Minister may make rules prescribing special terms and conditions for the issue of driving licences to members of the armed forces or any foreign military, naval or air forces lawfully present in Kenya for the purpose of driving service vehicles while on duty, and he...


  • Section 36 of Traffic Act CAP 403: Production of driving licence on demand

    (1) Any person driving a motor vehicle on a road shall carry his driving licenceor provisional licence, and, on being so required by a police officer, produce it for examination. (2) For the purposes of this section, “driving licence or provisional licence” includes such other evidence as will...


  • Section 37 of Traffic Act CAP 403: Form of driving licence

    (1) Driving licences and provisional licences shall be in the prescribed form,and there shall be affixed to each driving licence a photograph of the licence holder which shall be impressed with the official stamp of the Registrar. (2) The signature of the licence holder shall also be affixed to the...


  • Section 38 of Traffic Act CAP 403: Duplicate licences

    If a driving licence or provisional licence is lost, defaced or mutilated, the Authority shall upon application being made in the prescribed form and upon payment of the prescribed fee, issue to the holder a duplicate licence or provisional licence: Provided that where any licence or provisional...


  • Section 39 of Traffic Act CAP 403: Driving tests

    (1) Driving tests for the purpose of this Act shall be conducted by driving testexaminers. (2) Driving tests shall be carried out in such manner as the Minister may direct,but shall in any case include a test of the applicant's- (a) knowledge of the rules of the road; (b) knowledge of recognized...


  • Section 40 of Traffic Act CAP 403: Revocation, etc., of driving licences upon application by police

    (1) Upon application by a police office of or above the rank of Superintendent, the Authority may— (a) revoke the driving licence of any person who appears, in the opinion of the Authority, to be suffering from a disease or disability likely to, cause the driving by him of a motor vehicle to be a...


  • Section 41 of Traffic Act CAP 403: 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, where no penalty is specifically provided, on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and...


  • Section 42 of Traffic Act CAP 403: Speed of motor vehicles

    (1) No person shall drive, or, being the owner or person in charge of a vehicle, cause or permit any other person to drive, a vehicle on a road at a speed greater than such speed as may be prescribed as the maximum speed for that class of vehicle. (2) On a vehicle subject to a speed restriction...


  • Section 43 of Traffic Act CAP 403: Penalties in relation to speed

    (1) Any person who contravenes or fails to comply with any of the provisions of section 42 shall be guilty of an offence and liable to a fine of not exceeding one hundred thousand shillings. (2) A first or second conviction for an offence under this section shall not render the offender liable to...


  • 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...


  • Section 45 of Traffic Act CAP 403: 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 and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not...


  • Section 45A of Traffic Act CAP 403: 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 offence and shallbe liable— (a) for a first conviction, to imprisonment for a term not exceeding...


  • Section 46 of Traffic Act CAP 403: 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 position or manner or in such a condition as to be dangerous to the public, having regard to all the...


  • Section 47 of Traffic Act CAP 403: 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, condition and use of the road and the amount of traffic which is at the time or which might...


  • Section 48 of Traffic Act CAP 403: 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 guilty of an offence under section 47, he may be found guilty of such offence.


  • Section 49 of Traffic Act CAP 403: 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 liable— (a) for a first offence, to a term of imprisonment not exceeding one year or a fine not exceeding one...


  • Section 50 of Traffic Act CAP 403: 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 or dangerous driving or to careless driving, he shall not be convicted unless— (a) he was warned at...


  • Section 51 of Traffic Act CAP 403: 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 ignition engine, light amber mineral fuel oil or a substitute therefore which is approved by the Minister...


  • Section 52 of Traffic Act CAP 403: 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 indications given by any traffic sign; and (c) stop his vehicle on being so required by a police...


  • Section 52A of Traffic Act CAP 403: 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 area; or (b) contravenes or fails to comply with any traffic sign relating to that bay or area as...


  • Section 52B of Traffic Act CAP 403: 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, municipality or city except— (a) when unloading; or (b) in an area designated by the Minister for...


  • Section 53 of Traffic Act CAP 403: 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 the contrary is expressly provided in this Act, every vehicle on a road, when not in motion, shall be...


  • Section 54 of Traffic Act CAP 403: 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 on a road. (2) A person convicted of an offence under this section shall, unless the court for...


  • Section 55 of Traffic Act CAP 403: 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 at all times be maintained in such a condition that the driving of the vehicle is not likely to be a...


  • Section 56 of Traffic Act CAP 403: 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 Act. (2) No vehicle shall be used on a road if it is loaded in such a manner as tomake it a danger to...


  • Section 57 of Traffic Act CAP 403: 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 or dimensions provided for by rules made under this Act; (b) for the carriage by a vehicle on a road...


  • Section 58 of Traffic Act CAP 403: 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 thousand or to imprisonment for a term not exceeding two years or to both: Provided that rules under...


  • Section 59 of Traffic Act CAP 403: 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 position as to be likely to interfere with the safe driving of such motor vehicle; and in the event of a...


  • Section 60 of Traffic Act CAP 403: 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 sitting astride the motorcycle and on a proper seat securely fixed to the motorcycle behind the...


  • Section 61 of Traffic Act CAP 403: 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 vehicle. (2) No person shall ride or be carried on any load upon a vehicle if such aproceeding is...