Act and Laws in Kenya

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  • Section 79 of Traffic Act CAP 403: Production of driving licence

    (1) Where a person is charged with an offence under this Act for which the penalty may be or shall include disqualification for holding or obtaining a licence, or suspension, cancellation or endorsement of a licence, he shall, if he holds a driving licence or provisional driving licence, produce...


  • Section 80 of Traffic Act CAP 403: Custody of licence while suspended or cancelled

    (1) Where a court orders particulars to be endorsed on a driving licence orprovisional driving licence held by any person, or whereby a conviction or order of a court such a licence is cancelled, the court shall send notice of this conviction or order to the Authority and, in a case where a person’s...


  • Section 81 of Traffic Act CAP 403: Fraudulent application for driving licence

    If any person who under this Part is disqualified for holding or obtaining a driving licence or provisional driving licence applies for or obtains a licence while he is so disqualified, or if any person while he is so disqualified drives a motor vehicle or, if the disqualification is limited to the...


  • Section 82 of Traffic Act CAP 403: Particulars of endorsement to be inserted in new licence

    On the issue of a driving licence or provisional driving licence to any person, the particulars endorsed on any previous licence held by him shall be inserted in the new licence, unless he has previously become entitled under section 84 to the issue of a licence free from endorsement.


  • Section 83 of Traffic Act CAP 403: Applying for licence without disclosing endorsement

    If any person whose driving licence or provisional driving licence has been ordered to be endorsed, and who has not previously become entitled under section 84 to have a licence issued to him free from endorsement, applies for or obtains a licence without giving particulars of the order, he shall be...


  • Section 84 of Traffic Act CAP 403: Issue of new licence free from endorsement

    Where a person in respect of whom an order has been made under this Part requiring the endorsement of any licence or provisional driving licence held by him has during a continuous period of three years or upwards since the order was made had no other such order made against him, he shall be...


  • Section 85 of Traffic Act CAP 403: Driving under influence of drink

    Any person who when driving or attempting to drive, or when in charge of a vehicle, other than 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...


  • Section 86 of Traffic Act CAP 403: Reckless driving

    Any person who on any road or in any public place drives any vehicle, other than a motor vehicle, recklessly or at a 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...


  • Section 87 of Traffic Act CAP 403: Careless driving

    Any person who on any road or in any public place drives a vehicle, other than a motor vehicle, without due care or attention, or in such a manner as to be an annoyance to the public, shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings.


  • Section 88 of Traffic Act CAP 403: Carelessness while in charge of animals

    Any person driving or conducting any cattle, dog or other animal who, on any road, fails to exercise reasonable care to keep it or them under proper control, or allows such cattle, dog or animal to become a danger or annoyance to the public, shall be guilty of an offence and liable to a fine not...


  • Section 89 of Traffic Act CAP 403: Restrictions on riding bicycles

    (1) Not more than one person shall be carried in addition to the rider on anybicycle, nor shall any such one person be so carried otherwise than sitting on a carrier securely fixed to the bicycle or on a step especially fitted to carry a passenger. (2) No person shall carry on a bicycle a load...


  • Section 90 of Traffic Act CAP 403: Offences in connexion with roads

    (1) No owner or person in charge of a vehicle drawn by animals shall allow ananimal which is of materially defective vision to be used for drawing such vehicle on a road. (2) No person shall do any of the following on a road- (a) wilfully or negligently lead or drive any animal or vehicle on a...


  • Section 91 of Traffic Act CAP 403: Encroachment on and damage to roads

    (1) Every person who, without the written permission of the highway authority— (a) encroaches on a road or on any land reserved therefore at the side or sides thereof by making or erecting any building, fence, ditch, advertisement sign or other obstacle, or by digging thereon or by planting or...


  • Section 92 of Traffic Act CAP 403: Prohibition on use of tracked vehicles, etc.

    (1) No person shall use or cause or permit to be used on any road any vehicle or trailer having ribbed, studded or spiked wheels or fitted with chain or crawler type metal track: Provided that this subsection shall not apply— (i) where such wheels or tracks are fitted with special rims or street...


  • Section 93 of Traffic Act CAP 403: Non-liability of highway authority for damage

    (1) The highway authority shall not be liable for any loss or damage which maybe caused to any person or property through the condition of a road or the failure of a road to sustain the weight of a vehicle. (2) Nothing in this Act shall affect the right of the highway authority or of any person to...


  • Section 94 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 to a fine not exceeding five thousand shillings.


  • Section 96 of Traffic Act CAP 403: Application for public service vehicle licence

    (1) Application for the licensing of any motor vehicle as a public service vehicle shall be made by the registered owner of the vehicle. (2) An application under subsection (1) shall be made to a licensing officer in the prescribed form and in the prescribed manner. (3) No public service vehicle...


  • Section 97 of Traffic Act CAP 403: Issue and conditions of licence

    (1) The licensing officer, if he is satisfied that the provisions of subsection (3) of section 96 have been complied with, shall, upon payment of the prescribed fee, issue such licence as may be prescribed. (2) Public service vehicle licences shall be issued for such period as may be...


  • Section 98 of Traffic Act CAP 403: Drivers and conductors to be licensed

    (1) A person shall not drive or act as the conductor of a public service vehicle on a road unless he is licensed for the purpose under this Part, and a person shall not employ or permit any person who is not so licensed so to do: Provided that this subsection shall not apply to any person who has...


  • Section 99 of Traffic Act CAP 403: Power to cancel or suspended licence

    (1) Any licence issued under this Part may be cancelled at any time by the Authority if he is satisfied that, by reason of the conduct of the holder of such licence or the condition of any vehicle in respect of which the licence is issued, such cancellation would be in the public interest; and upon...


  • Section 100 of Traffic Act CAP 403: Passengers and loads

    (1) The Authority shall in respect of any public service vehicle determine the maximum number of passengers, whether sitting or standing, and the weight of baggage or goods allowed to be carried at any time on such vehicle or on any vehicle of a similar class or description: Provided that such...


  • Section 101 of Traffic Act CAP 403: Non-payment of fare

    (1) Where, at any place on its scheduled route, a motor omnibus is, by reference to the relevant timetable, more than four hours late, owing to a breakdown or any fault or neglect of the owner or his servants or agents, any passenger who has paid his fare may elect to alight from the motor omnibus...


  • Section 102 of Traffic Act CAP 403: Regulation of public service vehicles

    (1) No person shall cause or permit any private hire vehicle to ply for hire on any taxi rank, road, car park or other public place. (2) No person shall own, drive or be in charge of any taxicab unless such vehicle is painted in such colour or colours or is permanently marked in such manner as may...


  • Section 103 of Traffic Act CAP 403: Touting

    (1) No person shall, for the purpose of obtaining passengers for any publicservice vehicle, make any noise or sound any instrument, or do anything which causes or is likely to cause annoyance, inconvenience or danger to the public. (2) A person who contravenes or fails to comply with this section...


  • Section 103A of Traffic Act CAP 403: Uniforms and special badge

    (1) Every driver and every conductor of a public service vehicle shall wear a special badge and uniform. (2) The uniform referred to in subsection (1) shall be prescribed by the Registrar of Motor Vehicles and shall, in the case of a driver, be navy blue in colour and in the case of a conductor, be...


  • Section 103B of Traffic Act CAP 403: Helmets and reflector jackets

    (1) A person, including a passenger, shall not ride on a motor cycle of any kind, class or description without wearing a helmet and a jacket that has reflectors. (2) A person who rides a motor cycle shall provide a helmet and a jacket that has reflectors to be worn by the passenger, and shall carry...


  • Section 103C of Traffic Act CAP 403: Unauthorised driving

    (1) A person who, while not being the designated driver of a public servicevehicle, drives the vehicle while not being authorised to do so commits an offence. (2) The driver of a public service vehicle who lets an unauthorised person drivethe vehicle commits an offence. (3) A person who is...


  • Section 104 of Traffic Act CAP 403: Penalties under this Part

    Any person who contravenes or fails to comply with any provisions of this Part shall be guilty of an offence and liable, where no penalty is specifically provided, to a fine of not more than ten thousand shillings and not more than twenty thousand shillings.


  • Section 105 of Traffic Act CAP 403: Inspection of vehicles

    (1) It shall be lawful for any police officer in uniform to stop any vehicle, and forany police officer, licensing officer or inspector— (a) to enter any vehicle; (b) to drive any vehicle or cause any vehicle to be driven; (c) upon reasonable suspicion of any offence under this Act, to order and...


  • Section 105A of Traffic Act CAP 403: Driver of a public service vehicle to undergo fitness test

    (1) A driver of a public service vehicle or a commercial vehicle shall, after everythree years from the date of issue of a driving license pursuant to section 30, or renewal of such license, whichever is the case, undergo a physical fitness test, including an eye and hearing test by a qualified...