Act and Laws in Kenya

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  • Section 62 of Traffic Act CAP 403: 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 of Traffic Act CAP 403: 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 damage might be caused to such vehicle or any person.


  • Section 64 of Traffic Act CAP 403: 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 or machinery of such a vehicle, or in any way tamper with a motor vehicle or trailer, while it is...


  • Section 65 of Traffic Act CAP 403: 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 and liable to imprisonment for a term not exceeding two years or to a fine not exceeding fifty...


  • Section 66 of Traffic Act CAP 403: 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 stationary position.


  • Section 66A of Traffic Act CAP 403: 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 with subsection (1) shall beguilty of an offence and liable— (a) on a first conviction, to a fine not...


  • Section 66B of Traffic Act CAP 403: 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 has within the three years immediately preceding the commission of the offence been convicted on not...


  • Section 67 of Traffic Act CAP 403: 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 fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months,...


  • Section 68 of Traffic Act CAP 403: 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 time to time revise the highway code by revoking, varying, amending or adding to the provisions...


  • Section 69 of Traffic Act CAP 403: 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 all roads, parking places and other places of public resort; (b) to divert traffic temporarily, or...


  • Section 69A of Traffic Act CAP 403: 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 place other than the place designated under subsection (1), but may be mounted in a non-designated place...


  • Section 70 of Traffic Act CAP 403: 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) Without prejudice to the generality of subsection (1), a highway authority shall cause to be placed on...


  • Section 71 of Traffic Act CAP 403: 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 may consider necessary or desirable in connection with the maintenance or improvement of any road, to...


  • Section 72 of Traffic Act CAP 403: 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 of the vehicle, and the certificate of the highway authority of the amount of the cost of making...


  • Section 72A of Traffic Act CAP 403: 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 the interests of traffic and the interests of owners and occupiers of adjoining...


  • Section 72B of Traffic Act CAP 403: 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 authority may by by-laws prescribe. (2) There shall be a prescribed standard period for each designated...


  • Section 72C of Traffic Act CAP 403: 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 particulars. (2) Where a notice has been attached to a vehicle under subsection (1), anyperson (other than the owner...


  • Section 72D of Traffic Act CAP 403: 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 indication: Provided that, if the vehicle remains in the space after the specified indication appears, it shall be...


  • Section 72E of Traffic Act CAP 403: 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 order or has been removed; (b) for the purpose of facilitating the movement of traffic or promoting...


  • Section 72F of Traffic Act CAP 403: 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 in particular— (a) for causing them to be periodically inspected; and (b) for causing any faults...


  • Section 72G of Traffic Act CAP 403: 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 place and any of the provisions of this Part or of any by-laws made thereunder relating to the manner...


  • Section 72H of Traffic Act CAP 403: 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 of Traffic Act CAP 403: 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 the charge called an initial charge in section 72B(2); “inspector” means a person appointed by the...


  • Section 72J of Traffic Act CAP 403: 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, for vehicles or vehicles of any particular class or description (including the provision of omnibus...


  • Section 73 of Traffic Act CAP 403: 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 shall stop, and if required to do so by any person having reasonable grounds for so requiring give his...


  • Section 74 of Traffic Act CAP 403: 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 reasonable time any premises where the vehicle is, and if any person obstructs such police officer...


  • Section 75 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 on first conviction to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine not...


  • Section 76 of Traffic Act CAP 403: 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 licence, suspend the licence for such time as the court thinks fit, or cancel the licence and declare the...


  • Section 77 of Traffic Act CAP 403: 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 operation of the order pending the determination of the appeal.


  • Section 78 of Traffic Act CAP 403: 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 of the class or classes of motor vehicles in respect of which the order was made. (2) On the...