- Section 106 of Traffic Act CAP 403: Removal of vehicles from road
(1) Where any vehicle is found in use on a road in contravention of the provisions of this Act, or where any vehicle has been left on any road or other public place in such circumstances as to make it appear that such vehicle has been abandoned or should be removed to a place of safety, or where any...
- Section 107 of Traffic Act CAP 403: Detention of vehicles
It shall be lawful for any police officer to detain at a police station or other place of safety any vehicle which has been removed from a road or other public place under section 106 until such inquiries have been made by the police as they may think necessary in the circumstances of the case.
- Section 108 of Traffic Act CAP 403: Certificate of inspector to be admissible in evidence
(1) If in any proceedings under this Act any question arises as to whether a vehicle does or does not comply with any provisions of this Act, the certificate of an inspector to the effect that he has examined the vehicle and as to the result of his examination may be read as evidence although the...
- Section 109 of Traffic Act CAP 403: Certified extract from records to be admissible in evidences
In any proceedings under this Act, an extract from the records of registered vehicles, certified under the hand of a licensing officer, may be received in evidence although the licensing officer is not called as a witness, and shall be prima facie evidence of the facts therein set forth.
- Section 110 of Traffic Act CAP 403: Owner or other person to furnish name and address of driver of vehicle
The owner of any vehicle and any other person who is able to provide such information shall, as soon as reasonably possible and in any case within seven days after having received a verbal or written request for such information, give such information as he may be required by a police officer to...
- Section 111 of Traffic Act CAP 403: Owner to keep list of drivers employed
(1) Any person who employs any other person to drive a motor vehicle shallkeep a written record of the name, address and driving licence number of such other person.
(2) Such record shall be preserved for a period of six months after the datewhen such person ceases to be employed as a driver, and...
- Section 112 of Traffic Act CAP 403: Verification of facts
Any person to whom any application is made for anything to be done under this Act may require any facts stated in the information to be verified to his satisfaction.
- Section 113 of Traffic Act CAP 403: Giving false information
Any person who makes any statement which to his knowledge is false or in any respect misleading in connexion with any information lawfully demanded or required under this Act shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not...
- Section 114 of Traffic Act CAP 403: Fraudulent imitation, etc., of documents
(1) Any person who fraudulently imitates, alters, mutilates, destroys or uses, or fraudulently lends or allows to be used by any other person, any licence, document, plate or mark issued or prescribed under this Act shall be guilty of an offence and liable to a fine not exceeding one hundred...
- Section 115 of Traffic Act CAP 403: Endorsement of licence to be proof of conviction
Notwithstanding any provisions to the contrary in any Act contained, it shall be lawful for a court to accept the particulars of endorsements on any licence issued in compliance with this Act as prima facie evidence of previous convictions recorded against the holder thereof.
- Section 116 of Traffic Act CAP 403: Notice to attend court
(1) Notwithstanding the requirements of or provisions in any Act contained, it shall be lawful for any police officer to serve, either personally or by registered post, upon any person who is reasonably suspected of having committed any offence in connexion with the driving or use of any vehicle...
- Section 117 of Traffic Act CAP 403: Minor traffic offences
(1) The Minister may prescribe—
(a) a schedule of minor traffic offences (in this section referred to as "the scheduled minor offences") which may be dealt with and prosecuted in accordance with the provisions of this section, and may for the purposes of this section prescribe a statutory maximum...
- Section 117A of Traffic Act CAP 403: Assignment of demerit points on conviction for certain offences
(1) Subject to subsection (2), where a person is convicted of an offence specified in the Schedule, the court may, in addition to any penalty, order—
(a) that the demerit points specified in that Schedule in relation to the offence be recorded against any license held by that person; and
(b) that...
- Section 117B of Traffic Act CAP 403: Officer Commanding Police Division to be in charge of Traffic matters
In each police division, the Officer Commanding Police Division shall be responsible for traffic matters within the division and all police officers shall be responsible for traffic matters.
- Section 118 of Traffic Act CAP 403: General penalty
(1) Any person who acts in contravention of or fails to comply with theprovisions of this Act, or who acts in contravention of or who fails to comply with the conditions of any licence, order, demand, requirement or direction issued under or in pursuance of this Act, shall be guilty of an...
- Section 118A of Traffic Act CAP 403: Local authority may make by-laws regulating taxicabs, etc.
(1) A municipal council, and a county council, may make by-laws—(
a) for controlling taxicabs within its area;
(b) for fixing the number of taxicabs permitted in its area;
(c) for requiring the installation and providing for the inspection of meters on such taxicabs;
(d) for licensing the...
- Section 119 of Traffic Act CAP 403: Rules
(1) The Minister may make rules prescribing—
(a) anything required by this Act to be prescribed;
(b) the forms to be used for any purposes of this Act;
(c) the weight of goods and passengers, the number of passengers which vehicles may carry, the method by which seating capacity is to be...
- Section 120 of Traffic Act CAP 403: Power to suspend and exempt from provisions
The Minister may, by notice published in the Gazette, suspend, restrict or limit the application of any of the provisions of this Act or of any subsidiary legislation made thereunder, either generally or in respect of any particular class or classes or description of vehicle, for such period and...
- Section 121 of The Companies Act No. 17 of 2015: Exercise of rights if shares held on behalf of others: members’ requests
(1) This section applies to sections 289, 312 and 766.
(2) A company is required to act under a section to which this section applies if it receives a request that complies with the following conditions—
(a) it is made by at least one hundred persons;
(b) it is authenticated by all the persons...
- Section 122 of The Companies Act No. 17 of 2015: Persons who are connected with a director for purposes of this Part
(1) For the purposes of this Part, a person is connected with a director of a company if the person is—
(a) a member of the director's family as defined in section 123;
(b) a body corporate with which the director is connected as defined in section 124;
(c) a person acting as trustee of a...
- Section 123 of The Companies Act No. 17 of 2015: Members of a director’s family
For the purposes of this Part, a person is member of a director's family if the person is—
(a) the director's spouse;
(b) a child or step-child of the director;
(c) a child or step-child of the director's spouse who lives with the director and has not reached eighteen years of age;
(d) a parent...
- Section 124 of The Companies Act No. 17 of 2015: When a director connected with a body corporate for purposes of this Part
(1) In this Part, a director is connected with a body corporate if, but only if, the director and the persons connected with the director together—
(a) are interested in shares comprised in the equity share capital of the body corporate of a nominal value equal to at least twenty percent of that...
- Section 125 of The Companies Act No. 17 of 2015: When a director is to be regarded as controlling a body corporate for purposes of this Part
(1) For the purposes of this Part, a director of a company is taken to control a body corporate if, but only if—
(a) the director or any person connected with the director—
(i) has an interest in any part of the equity share capital of that body; or
(ii) is entitled to exercise or control the...
- Section 126 of The Companies Act No. 17 of 2015: When bodies corporate are to be treated as being associated for purposes of this Part
For the purposes of this Part—
(a) bodies corporate are associated if one is a subsidiary of the other or both are subsidiaries of the same body corporate; and
(b) companies are associated if one is a subsidiary of the other or both are subsidiaries of the same body corporate.
- Section 127 of The Companies Act No. 17 of 2015: References to company’s constitution
A reference in this Part to a company’s constitution includes—
(a) any resolution or other decision made in accordance with the constitution; and
(b) any decision by the members of the company, or a class of members, that is, because of any enactment or rule of law, treated as equivalent to a...
- Section 128 of The Companies Act No. 17 of 2015: Company required to have directors
(1) A private company is required to have at least one director.
(2) A public company is required to have at least two directors.
- Section 129 of The Companies Act No. 17 of 2015: Company required to have at least one natural person as a director
(1) A company is required to have at least one director who is a natural person.
(2) Subsection (1) is complied with if the office of director is held by a natural person as a corporation sole or otherwise by holding a specified office.
- Section 130 of The Companies Act No. 17 of 2015: Direction requiring company to make appointment
(1) On forming the opinion that a company is in breach of section 128 or 129,the Registrar may give the company a direction in accordance with subsection (2). (2) A direction is in accordance with this subsection if it specifies—
(a) the statutory requirement of which the company appears to be in...
- Section 131 of The Companies Act No. 17 of 2015: Minimum age for director
(1) A person who has not reached eighteen years of age may not be appointedto be a director of a company.
(2) An appointment made in contravention of subsection (1) is void.
- Section 132 of The Companies Act No. 17 of 2015: Appointment of director of public company
(1) A public company shall ensure that at a general meeting of the company amotion for the appointment of two or more persons as directors of the company by a single resolution is moved only if a resolution that it should be so moved has first been agreed to by the meeting without any vote being...