- Section 24 of Traffic Act CAP 403: Use of dealer’s general licence
(1) No vehicle shall be used on any road under the authority of a dealer’s general licence—
(a) to convey passengers or goods for profit or reward;
(b) to carry or convey any goods whatsoever except such load as may be necessary for the purpose of testing the motor vehicle or trailer, and no such...
- Section 25 of Traffic Act CAP 403: Duration of dealer’s general licence
(1) A dealer’s general licence shall continue in force until the 31st Decembernext following the date of issue.
(2) Every dealer’s general licence shall cease to be valid if the dealer ceasesto carry on business in the district for which it is issued.
(3) When a dealer’s general licence expires or...
- Section 26 of Traffic Act CAP 403: Cancellation of dealer’s general licence
(1) The Authority may at any time cancel a dealer’s general licence for a breachof any of the provisions of this Act or of any regulations made thereunder which relate to dealer’s general licences.
(2) The Authority shall give notice of the cancellation to the person to whomthe licence was issued,...
- Section 27 of Traffic Act CAP 403: Dealer’s general licence not to be transferred without authority
A dealer’s general licence shall not be used for any purpose other than a purpose provided for in this Act, and shall not be transferred or assigned to any other person without the authority of the Authority.
- Section 28 of Traffic Act CAP 403: Recovery of licence fees by civil process
Where under this Part a licence is required and has not been obtained, a sum equal to the prescribed fee payable in respect of such licence shall be due and owing to the Registrar by the person failing to obtain the licence, and shall be a civil debt recoverable summarily at the instance of the...
- Section 29 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 on first conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, and on each subsequent conviction to a fine...
- Section 30 of Traffic Act CAP 403: Drivers to be licensed
(1) No person shall drive a motor vehicle of any class on a road unless he is the holder of a valid driving licence or a provisional licence endorsed in respect of that class of vehicle.
(2) No person who owns or who has charge of a motor vehicle of any class shall cause or permit any person to...
- Section 31 of Traffic Act CAP 403: Conditions for granting of driving licence
(1) A licensing officer shall not grant an applicant a driving licence endorsed in respect of any class of motor vehicle unless the applicant—
(a) satisfies the licensing officer that he has passed a test of competence to drive that class of motor vehicle conducted under section 39, or that he...
- Section 32 of Traffic Act CAP 403: Provisional driving licence
(1) Notwithstanding subsection (1) of section 31, a licensing officer may grant an applicant for a driving licence a provisional licence endorsed in respect of any class or classes of motor vehicle which if he held a driving licence he would be entitled to drive, in order that the applicant may...
- Section 33 of Traffic Act CAP 403: Driving licences not to be granted to persons under certain ages
(1) No driving licence or provisional licence shall be granted to any person—
(a) under the age of sixteen years;
(b) under the age of eighteen years, except in respect of motorcycles; or
(c) endorsed in respect of matatus and motor-omnibuses, unless he—
(i) is over the age of twenty-four years;...
- Section 34 of Traffic Act CAP 403: Form of application
(1) Applications for driving licences and provisional licences shall be made toa licensing officer in the prescribed form, accompanied by the prescribed fee, and the particulars required in such form shall be signed by the applicant.
(2) Subject to subsection (3) of section 30, any person holding a...
- 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...