- 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...
- 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...